Ameresco Select, Inc. ( 2017 )

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of -- ) ) Ameresco Select, Inc. ) ASBCA Nos. 59638, 60136, 60526 ) Under Contract No. DE-AM36-98G0100351) D.O. No. N62583-10-F-0315 ) APPEARANCES FOR THE APPELLANT: James D. Bachman, Esq. Ron R. Hutchison, Esq. Doyle & Bachman, LLP Arlington, VA APPEARANCES FOR THE GOVERNMENT: Ronald J. Borro, Esq. Navy Chief Trial Attorney David L. Koman, Esq. Pamela J. Nestell, Esq. Senior Trial Attorneys ORDER OF PARTIAL DISMISSAL Based on evidence developed during discovery, appellant seeks to withdraw Count II of its complaint associated with construction of a temporary meteorological tower and related 12-month collection of wind data. It seeks dismissal of the Count with prejudice. The government consents to dismissal with prejudice of Count II. Appellant's motion to dismiss Count II is GRANTED and Count II of the complaint is hereby dismissed with prejudice. Dated: 12 September 2017 I certify that the foregoing is a true copy of the Order of Dismissal of the Armed Services Board of Contract Appeals in ASBCA Nos. 59638, 60136, 60526, Appeals of Ameresco Select, Inc., rendered in conformance with the Board's Charter. Dated: JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals 2