6567ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Appeal of - )  
 )  
American Tattoo Society LLC ) ASBCA No. 64095 
 )   
Under Contract No. CONUS 20-10937 )  
    
APPEARANCE FOR THE APPELLANT: Ms. Nicole Norton 
    Owner 
    Fayetteville, NC 
 
APPEARANCES FOR THE GOVERNMENT: Dana J. Chase, Esq. 
    Army Chief Trial Attorney 
 LTC Nolan T. Koon, JA 
MAJ Katharine M. Calderon, JA 
    Trial Attorneys 
  
ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE 
 
By Order dated April 9, 2025, the Board notified appellant that it had failed to 
file its complaint within the time specified in Board Rule 6(a).  Accordingly, the Board 
directed appellant to file its complaint within 21 days from the date of that Order or 
advise how much more time was needed and why.  The Order also advised appellant 
that it must notify the Board if it wished its notice of appeal to serve as its complaint. 
Appellant failed to provide its complaint or respond to the Board’s Order.  
 
On May 5, 2025, the government filed a motion to dismiss this appeal for 
failure to prosecute pursuant to Board Rule 17.  In its motion, the government asserted 
that appellant had failed to file its complaint or respond to the Board’s April 9, 2025 
Order and thus the appeal must be dismissed due to appellant’s failure to defend its 
appeal before the Board.  
 
On May 6, 2025, the Board issued an Order to Show Cause, directing appellant 
to either file its complaint or show cause why the appeal should not be dismissed for 
lack of prosecution within 21 days of the date of the Order.  Appellant was also 
advised that failure to comply with the Board’s Order could result in the Board 
dismissing the appeal for failure to prosecute.  To date, the Board has received no 
response from appellant. 
  

2 
Accordingly, this appeal is dismissed with prejudice under Board Rule 17 for 
failure to prosecute. 
 
Dated:  June 20, 2025 
 
 
 
 
 
 
 
 
 
 
 
OWEN C. WILSON 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
I concur 
 
 
 
ARTHUR M. TAYLOR 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
 
 
 
MICHAEL N. O’CONNELL 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
 
I certify that the foregoing is a true copy of the Order of Dismissal of the 
Armed Services Board of Contract Appeals in ASBCA No. 64095, Appeal of 
American Tattoo Society LLC, rendered in conformance with the Board’s Charter. 
 
 Dated:  June 20, 2025 
  
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals