DISMISSED FOR FAILURE TO PROSECUTE:  May 18, 2026
CBCA 8148
CARING HEARTS EMS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald Anthony, Chief Executive Officer of Caring Hearts EMS, Inc., Jonesboro, GA
appearing for Appellant.
Kathleen Ramos, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
Before Board Judges BEARDSLEY (Chair), GOODMAN, and SULLIVAN.
GOODMAN, Board Judge.
Background
This appeal was filed in July 2024.  Thereafter, appellant’s counsel filed a complaint,
and respondent filed a motion to dismiss the appeal.  On December 9, 2024, the Board issued
a decision granting the motion to dismiss in part.  Caring Hearts EMS, Inc. v. Department
of Veterans Affairs, CBCA 8148, 25-1 BCA ¶ 38,719 (2024).  On June 26, 2025, appellant’s
counsel withdrew, and appellant did not retain new counsel.  The Board issued various
scheduling orders, and respondent propounded written discovery.


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On March 26, 2026 the presiding judge held a status conference with appellant’s
representative and respondent’s counsel because appellant had not responded to respondent’s
discovery requests.  Appellant’s representative stated that appellant was attempting to retain
counsel before responding to discovery.  The Board issued an order on that date suspending
proceedings until April 10, 2026, to allow appellant time to retain counsel.  If new counsel
for appellant did not file a notice of appearance by April 10, 2026, the order directed
appellant to file a status report by that date stating whether appellant would proceed without
counsel or needed additional time to retain counsel.  If appellant required additional time to
retain counsel, the order directed appellant to request a reasonable amount of time to do so.
Appellant did not file a status report by April 10, 2026, as required.  By order dated
April 22, 2026, the Board directed appellant to file the overdue status report no later than
May 1, 2026.  Again, appellant did not file a status report.  On May 6, 2026, the Board issued
to appellant an order to show cause by no later than May 14, 2026, as to why this appeal
should not be dismissed for failure to prosecute.  The order to show cause and the two
previous orders were sent to appellant’s representative’s email address registered in the
Board’s electronic docketing system.  Appellant did not respond to the Board’s order to show
cause. 
Discussion
The Board may dismiss an appeal for failure to prosecute either on motion of a party
or after permitting a response to an order to show cause.  Rule 12(b)(1), (4) (48 CFR
6101.12(b)(1), (4) (2025)); see Brandon Staffing Solutions LLC v. Department of Veterans
Affairs, CBCA 7044, 22-1 BCA ¶ 38,050, at 184,765.  The Board may also dismiss a case
as a sanction for failure to comply with a direction or order of the Board.  Rule 35(b)(6). 
“[T]his authority is reserved for situations ‘where parties have repeatedly failed to comply
with the tribunal’s orders.’”  Elite Quality Services, LLC v. Department of Commerce,
CBCA 5050, 16-1 BCA ¶ 36,269, at 176,923 (quoting Medtek, Inc. v. Department of
Veterans Affairs, CBCA 1544, 09-2 BCA ¶ 34,285, at 169,367).
Appellant has failed to comply with two Board orders requesting status reports and
has failed to respond to the order to show cause.  Sufficient grounds therefore exist to dismiss
the appeal for failure to prosecute.  Appellant’s repeated “fail[ure] to comply with [a]
direction or order of the Board” warrants the sanction of dismissal.  Rule 35(b)(6); see
Patrick Considine v. Agency for International Development, CBCA 8102, 25-1 BCA
¶ 38,907, at 189,389.

CBCA 8148 3
Decision
The appeal is DISMISSED FOR FAILURE TO PROSECUTE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
We concur:
    Erica S. Beardsley              Marian E. Sullivan         
ERICA S. BEARDSLEY MARIAN E. SULLIVAN
Board Judge Board Judge