Board of Contract Appeals General Services Administration Washington, D.C. 20405 _______________________________________ DISMISSED FOR FAILURE TO PROSECUTE: April 8, 1999 _______________________________________ GSBCA 14768 EVEREADY BATTERY COMPANY, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Evan G. Nunn, Group Vice President of Eveready Battery Company, Inc., Chesterfield, MO, appearing for Appellant. Michael J. Noble, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), BORWICK, and NEILL. NEILL, Board Judge. By order dated December 8, 1998, the Board established a schedule for further proceedings in this case. Pursuant to that order, appellant was to file a complaint on or before Thursday, December 31, 1998. No complaint was filed by that date. By order dated February 18, 1999, appellant was directed to comply with the Board's order to file a complaint without further delay and in no event no later than fifteen days from the date of this second order. Appellant was advised that failure to do so might lead to a dismissal of the case. In response to the Board's order of February 18, a representative of appellant advised a member of the Board's staff by telephone that appellant was uncertain about continuing the litigation but would advise the Board no later than March 5 of its intentions in this matter. Nothing more was heard from appellant. On March 10, the Government filed a motion to dismiss this case for failure to prosecute. By order dated March 12, the Board issued to appellant an order to show cause why the Government's motion should not be granted. Appellant was given fifteen days from the date of the order to respond. The order also provided that, in the absence of a written response within the time stated, the Board would assume that the Government's motion is unopposed. To date, no reply has been received from appellant. In the absence of objection, therefore, the Government's motion to dismiss this case is granted. This case is DISMISSED FOR FAILURE TO PROSECUTE. _________________________ EDWIN B. NEILL Board Judge We concur: _________________________ _________________________ STEPHEN M. DANIELS ANTHONY S. BORWICK Board Judge Board Judge