March 21, 2007

 

Appeals of                                                                      

                                                                                                                                 

MARK WILCOXSON                                                                                                            

                                                                                                 

PSBCA Nos. 5358 and 5374

 

Under Contract No. HCR 65237                      

 

APPEARANCE FOR APPELLANT:         

Harvey A. Hoffman, Esq.

                                

 

APPEARANCE FOR RESPONDENT:     

Stephen D. Lobaugh, Esq.

                                                                                

OPINION OF THE BOARD

 

            The parties have filed a Joint Stipulation of Dismissal and jointly request that the Board enter a Consent Judgment reflecting their settlement of the dispute giving rise to this appeal.  The proposed Consent Judgment provides,

            “1.  The Postal Service Board of Contract Appeals (“Board”) has jurisdiction over the subject matter of the Complaint and over the parties to this Consent Judgment.

            2.  The parties agree that Appellant used, and Respondent paid for, 3,697.85 more gallons of fuel than Appellant’s contract authorized Appellant to use and Respondent to pay for.  The excess fuel Appellant used and Respondent paid for resulted in Respondent overpaying for fuel on Appellant’s contract in the amount of $8,745.23; this overpayment resulted in unjust enrichment of Appellant in the same amount.

            3.  The parties have entered into a Settlement Agreement, dated February 28, 2007 (the “Settlement Agreement”).  Pursuant to the Settlement Agreement, Appellant has consented to the entry of Consent Judgment against him, in the amount of $8,745.23, for his excess use of fuel.

            4.  The parties have settled their monetary claims, and each party shall bear its own cost, including attorneys’ fees.

            5.  Except to the extent that relief is granted above, every remaining claim in the Complaint is hereby dismissed with prejudice.

            6.  The parties agree not to seek reconsideration of or any other relief from the entry of this Consent Judgment and the dismissal of this matter by the PSBCA.  The parties further agree not to appeal this matter to any forum.”

            The parties’ joint request for entry of the Consent Judgment is granted.  Appellant is to pay Respondent the sum of $8,745.23 for excess use of fuel, and the appeal is otherwise dismissed with prejudice.  Each party shall bear its own costs, including attorney fees.

 

Norman D. Menegat

Administrative Judge

Board Member

 

 

I concur:                                                          I concur:

William A. Campbell                                     David I. Brochstein

Administrative Judge                                    Administrative Judge

Chairman                                                       Vice Chairman