DISMISSED FOR FAILURE TO PROSECUTE: February 07, 2014
CBCA 3531
MAHSHID NADIRY,
                                                         Appellant,
v.
BROADCASTING BOARD of GOVERNORS,
                                                             Respondent.
Mahshid Nadiry, pro se, Sherman Oaks, CA.
Elizabeth A. Parish and Kataryna L. DeLisle, Office of the General Counsel,
Broadcasting Board of Governors, Washington, DC, counsel for Respondent.
Before Board Judges McCANN, STEEL, and SHERIDAN.
SHERIDAN, Board Judge.
Appellant, Mashid Nadiry, has failed to respond to any of the Board’s orders,
including two orders to show cause.  
Background 
Ms. Nadiry performed services as an “anchor/writer/reporter” pursuant to call orders
issued under blanket purchase agreement (BPA) BBG39-E-13-0044.  On May 1, 2013, the
Broadcasting Board of Governors (BBG) issued call order BBG39-A-13-0434 to appellant
in the amount of $16,200 for services to be performed from May 1, 2013, through April 30,
2014.  


CBCA 3531 2
On May 24, 2013, a BBG contracting officer issued a notice of termination to Ms.
Nadiry terminating BBG39-E-13-0044 and BBG39-A-13-0434 for cause, effective the same
day.  The notice instructed appellant to submit a final payment invoice for services performed
to the date of the termination, and the invoice Ms. Nadiry submitted was approved and paid. 
Ms. Nadiry appealed the termination for cause to the Board, where it was docketed on
September 13, 2013.  
Since docketing, the Board has issued several orders setting due dates that required
a response from appellant.  The Board has also attempted to reach appellant by telephone,
leaving messages.  Appellant has not responded to the orders or telephone messages.  On
December 19, 2013, the Board ordered Ms. Nadiry to show cause by no later than
January 6, 2014, why this appeal should not be dismissed for failure to prosecute.  Appellant
did not respond to the Board’s order.  
On January 9, 2014, the Board sent, by United States Postal Service (USPS) certified
mail, a second order to show cause to Ms. Nadiry, at her last known address, which she
included in her notice of appeal.  That order was also transmitted via facsimile and
successfully emailed to Ms. Nadiry at the telephone number and email address she had
provided in her notice of appeal.  Ms. Nadiry was ordered to show cause by January 24,
2014, why the appeal should not be dismissed for failure to prosecute.  The certified mail
tracking indicates that the delivery of the certified mail was attempted on January 14, 2014,
and that pick-up by appellant has not occurred.  Neither the facsimile nor the email
transmission was returned to the Board as undeliverable.  Copies of the order were received
by respondent’s counsel by facsimile and email.  Appellant did not respond to the Board’s
second order to show cause.  
Discussion
Appellant has failed to comply with any of the Board’s orders since this matter was
docketed.
Board Rule 33(c), Sanctions, provides:
When a party or its representative or attorney . . . fails to comply with any
direction or order issued by the Board . . . , or engages in misconduct affecting
the Board, its process, or its proceedings, the Board may make such orders as
are just, including the imposition of appropriate sanctions.  The sanctions may
include: 
. . . .
(6) Dismissing the case.

CBCA 3531 3
This rule makes clear that the Board has authority to dismiss a case for failure to
prosecute.  As this Board has held, this authority is reserved for situations where parties have
repeatedly failed to comply with the tribunal’s orders.  Medtek, Inc. v. Department of
Veterans Affairs, CBCA 1544, 09-2 BCA ¶ 34,285; see Kadin Corp. v. United States, 782
F.2d 175, 176 (Fed. Cir. 1986); Rowe Inc. v. General Services Administration, GSBCA
14136, 98-2 BCA ¶ 29,951, at 148,183; Old Dominion Security, Inc. v. General Services
Administration, GSBCA 12974, 95-1 BCA ¶ 27,442 (1994).
Since the filing of this appeal, the Board has, through a variety of means and to no
avail, attempted to reach appellant.  Appellant has failed to respond to any of the Board’s
orders or otherwise prosecute the appeal.
Decision
This appeal is DISMISSED FOR FAILURE TO PROSECUTE.
                                                 
PATRICIA J. SHERIDAN
Board Judge
We concur:
                                                                                                  
R. ANTHONY McCANN CANDIDA S. STEEL
Board Judge Board Judge