DISMISSED WITHOUT PREJUDICE: July 21, 1994 GSBCA 12643 BURLINGTON GSA PARTNERSHIP, L.P., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. David B. Dempsey and Janet Z. Barsy of Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, counsel for Appellant. Richard R. Butterworth, Jr., Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. GOODMAN, Board Judge. ORDER On January 3, 1989, Burlington GSA Partnership, L.P. (appellant) and the General Services Administration (GSA or respondent) entered into a lease agreement for a newly constructed facility located in Burlington, New Jersey, known as the GSA Northeast Distribution Center (the Center). On May 20, 1993, appellant submitted a claim to the contracting officer for an equitable adjustment seeking overtime lease charges for the GSA's use of the Center after "normal hours." On July 20, 1993, the contracting officer issued a decision denying appellant's claim, and on October 13, 1993, appellant filed this appeal with the Board. On May 17 and June 20, 1994, at the request of the parties, the Board suspended proceedings in order for the parties to enter into settlement negotiations. The parties were directed to file status reports with the Board at the end of the thirty-day suspension periods. On July 20, 1994, the parties filed a Joint Stipulation of Dismissal which reads, in pertinent part: [T]he parties have entered a Settlement Agreement . . . and therefore appellant's appeal shall be dismissed, without prejudice, which dismissal shall become . . . with prejudice sixty (60) days hereafter unless either party, prior to that date, requests that this appeal be reinstated. Accordingly, pursuant to the stipulation of the parties and Rule 28(a), this appeal is DISMISSED WITHOUT PREJUDICE. This dismissal shall convert to one with prejudice sixty days from the date of this order unless either party moves to reinstate the appeal prior to the expiration of the sixty-day period. ________________________ ALLAN H. GOODMAN Board Judge