DISMISSED FOR FAILURE TO PROSECUTE:  September 16, 2008 
CBCA 664 
PACIFIC WILDFIRE, LLC, 1 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Tyler Robertson, Partner of Pacific Wildfire, LLC, Gig Harbor, WA, appearing for 
Appellant. 
Elin M. Dugan, Office of the General Counsel, Department of Agriculture, 
Washington, DC, counsel for Respondent. 
Before Board Judges SOMERS, McCANN, and DRUMMOND. 
DRUMMOND , Board Judge. 
ORDER 
This appeal is before us on an order to show cause why it should not be dismissed 
with prejudice for failure to prosecute.  For reasons set forth below, appellant has failed to 
show good cause and this appeal is dismissed. 
1 The Board’s reference to “Pacific Wildfire, Inc.” in this appeal was incorrect. 
The appellant’s correct legal status is limited liability corporation, or “LLC.”  Accordingly, 
it is hereby ordered that the caption in this appeal shall be corrected to read “Pacific Wildfire, 
LLC.” 

   
  
   
   
  
 
  
  
  
     
       
     
  
 
 
  
              
 
2 CBCA 664 
On April 17, 2008, respondent filed a motion to dismiss, or in the alternative, to 
compel discovery (Government’s motion).  The Government moved to dismiss on the 
grounds that appellant had ignored the date for the completion of written discovery stated in 
the Board’s order scheduling further proceedings dated July 24, 2007, and failed to respond 
to the Government’s discovery requests. 
By order dated April 18, 2008, the Board directed appellant to respond to the 
Government’s motion to dismiss by May 8, 2008. Appellant failed to file a response as 
ordered.  Subsequently, on May 13, 2008, the Board ordered appellant to, inter alia , respond 
to the Government’s motion by June 2, 2008.  When appellant failed to respond to the May 
13, 2008, order, the Board issued an order to show cause on June 25, 2008.  The June 25, 
2008, order required appellant to show cause by July 10, 2008, as to why the appeal should 
not be dismissed for failure to prosecute, and for failure to respond to the Government’s 
motion. 
Appellant failed to meet the July 10, 2008, deadline.  On July 11, 2008, the Board 
received via facsimile a letter from appellant.  The letter was prepared by partner Eric 
Helpenstell, who represented that appellant was still seeking to retain new counsel, and 
therefore needed additional time to respond to the Government’s discovery.  Mr. Helpenstell 
stated further that a suit for dissolution of the partnership had been initiated in the United 
States District Court, Western District of Washington (district court)
2 and that he wanted to 
enter his appearance to represent appellant.  Appellant did not request leave to file this 
response out of time. 
Parties have a duty to comply with the orders of the Board or to request appropriate, 
timely relief from those orders with which they cannot comply.  Appellant, as the moving 
party, has an obligation to pursue the prosecution of its appeal in a timely, responsible 
manner or to bear the risk of having its case dismissed.  In this appeal, not only did appellant 
not file a response to the show cause order on time, it failed to respond to the Government’s 
motion and to show good cause for its prior failures. Appellant’s letter filed on July 11, 
2008, although out of time, is not a response to the Government’s motion, nor is it an 
adequate response to the order to show cause.  While legal counsel may be desirable, it is not 
necessary for answering discovery or for otherwise prosecuting an appeal.  The Board can 
2 The record contains no evidence that the district court appointed a receiver to 
represent appellant in this appeal. 

 
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3 CBCA 664 
find no basis to further extend these proceedings or to enter the appearance of Mr. 
Helpenstell, as no good cause exists for avoiding dismissal of this appeal.  Accordingly, Mr. 
Helpenstell’s request is denied.  
This appeal is DISMISSED FOR FAILURE TO PROSECUTE pursuant to Rule 
12 of the Board’s Rules of Procedure.  
JEROME M. DRUMMOND 
Board Judge 
We concur: 
JERI KAYLENE SOMERS R. ANTHONY McCANN 
Board Judge Board Judge