ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
OPINION BY ADMINISRATIVE JUDGE TAYLOR 
ON GOVERNMENT’S MOTION TO DISMISS FOR FAILURE TO PROSECUTE 
 
 On June 17, 2024, the United States Army (Army or government) moved to 
dismiss this appeal pursuant to Board Rule 17 for failure to prosecute.  We grant the 
government’s motion since appellant failed to respond to the motion and the Board’s 
subsequent show cause order. 
 
STATEMENT OF FACTS 
 
 By letter dated November 29, 2022, Soukos Robots Demil USA, Inc. (SRDUSA) 
appealed the government’s termination for default.  The parties agreed upon a schedule 
for the appeal.  Pursuant to that schedule, the Army served its first request for 
production of documents and interrogatories on SRDUSA (gov’t mot., ex. 2).  On 
July 14, 2023, SRDUSA’s counsel withdrew from the appeal.  SRDUSA notified the 
Board that its in-house counsel would now be its representative.  SRDUSA’s in-house 
counsel provided a response to the Army’s discovery requests and indicated SRDUSA 
would produce the requested documents on a rolling production schedule (gov’t mot., 
ex. 5).  On August 29, 2023, SRDUSA’s in-house counsel also withdrew from the 
appeal.  Mr. Sam Petronakis, SRDUSA’s president, informed the Board that he now 
represented appellant in the appeal.  
 
 On December 19, 2023, Mr. Petronakis informed the Army that he needed three 
more months to gather the requested documents (gov’t mot., ex. 9).  On March 22, 
2024, the Army filed a motion to compel the production of documents since SRDUSA 
had not provided any documents in response to its document production request (gov’t 
Appeal of - )  
 )  
Soukos Robots Demil USA, Inc. ) ASBCA No. 63468 
 )  
Under Contract No. W911SR-19-C-0023 )  
   
APPEARANCE FOR THE APPELLANT: Mr. Sam Petronakis  
    President 
 
APPEARANCES FOR THE GOVERNMENT: Dana J. Chase, Esq. 
  Army Chief Trial Attorney 
 CPT Paula F. Barr, JA 
MAJ Joshua A. Reyes, JA 
    Trial Attorneys 

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mot. at 3).  Following a conference call with the parties, the Board, in an order dated 
April 12, 2024, directed appellant to respond to the government’s document production 
requests within 60 days from the date of that order.  On several occasions following the 
Board’s order, the Army attempted to contact SRDUSA regarding the outstanding 
discovery but received no response (gov’t mot., ex. 10). 
 
 On June 17, 2024, the government filed a motion to dismiss the appeal for 
failure to prosecute since appellant had failed to provide any documents in response to 
the Board’s order.  On June 26, 2024, the Board ordered SRDUSA to respond to the 
government’s motion to dismiss within 30 days from the date of the order.  SRDUSA 
did not respond to that order.  On August 14, 2024, the Board issued a show cause 
order directing appellant to respond within 21 days from the date of the order as to 
why the appeal should not be dismissed with prejudice for failure to prosecute.  The 
order informed SRDUSA that the Board would dismiss the appeal with prejudice if 
SRDUSA failed to respond to the Board’s order by September 5, 2024.  SRDUSA has 
not responded to the Board’s show cause order. 
 
DECISION 
 
 Board Rule 17 provides: 
 
Whenever the record discloses the failure of either party to 
file documents required by these Rules, respond to notices 
or correspondence from the Board, comply with orders of 
the Board, or otherwise indicates an intention not to 
continue the prosecution or defense of an appeal, the Board 
may, in the case of a default by the appellant, issue an 
order to show cause why the appeal should not be 
dismissed with prejudice for failure prosecute. . . .  If good 
cause is not shown, the Board may take appropriate action. 
 
To date, appellant has not responded to the government’s document production 
request, the government’s motion to compel, or the Board’s April 12, 2024, and June 26, 
2024, Orders.  Moreover, appellant failed to respond to the Board’s August 14, 2024, 
Show Cause Order.  We conclude that appellant’s lack of communication reflects an 
intention not to continue the prosecution of this appeal.  See Andrews Contracting 
Services, LLC, ASBCA No. 61512, 19-1 BCA ¶ 37,241 at 181,280 (Board dismissed the 
appeal for failure to prosecute when appellant failed to respond to the government’s 
discovery and numerous Board Orders).   
  

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 Accordingly, we grant the government’s motion and dismiss this appeal with 
prejudice. 
 
 Dated:  October 17, 2024
 
 
 
 
 
 
 
 
 
 
 
ARTHUR M. TAYLOR 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
 
 
 
OWEN C. WILSON 
Administrative Judge 
Acting Chairman 
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 Opinion and Decision of the 
Armed Services Board of Contract Appeals in ASBCA No. 63468, Appeal of Soukos 
Robots Demil USA, Inc., rendered in conformance with the Board’s Charter. 
 
 Dated:  October 17, 2024 
 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals