Blazy v. Dep't of State (2026)

Case details
Full caption
Louis J. Blazy v. Department of State
Country
United States
Jurisdiction
Federal
Decided
2026
Disposition
Motion Denied
DECISION REGARDING SANCTIONS: February 24, 2026CBCA 7992, 7993LOUIS J. BLAZY,Appellant,v.DEPARTMENT OF STATE,Respondent.Louis J. Blazy, pro se, Alexandria, VA.Alexandra N. Wilson, Office of the Legal Adviser, Buildings and Acquisitions,Department of State, Washington, DC, counsel for Respondent.Before Board Judges GOODMAN, KULLBERG, and CHADWICK.GOODMAN, Board Judge.Appellant, Louis J. Blazy, filed a motion in these consolidated appeals titled “MotionFor Procedural Determination on the Validity of the Contracting Officer’s Final Decisionsand Stay Merits Proceeding” (appellant’s motion). We deny the motion in a decision issuedconcurrently with this decision. Here, the panel, sua sponte, issues a sanction in response toappellant’s misconduct with regard to his motion’s content.
CBCA 7992, 79932BackgroundAppellant’s Sanctionable MisconductCitations to Non-Existent DecisionsAppellant’s motion contained four citations to decisions that appeared not to exist. For each citation, the Board issued an order directing appellant to produce a copy of thedecision. Appellant did not submit copies of the requested decisions because those decisions,upon which he relied, do not exist. Appellant offered general, unpersuasive, confusing, andvague explanations for why he cited the non-existent decisions. He stated that “certain legalresearch databases . . . may not fully integrate with the . . . search codes used by the Courtof Federal Claims.” He referred to errors in “publicly available sources,” “editorial errors”in unnamed secondary reference sources,” and “mistakes in [unidentified] commercialcontract law digests, and training compilations. In one instance, appellant stated that anon-existent citation was used as “shorthand” for the citation of another case which heoffered as a substitute, without explaining his definition of “shorthand” or how such“shorthand” translated to a citation for another decision.In another instance, appellant submitted what he characterized as an existing“decision,” stating that it was the decision that he intended to submit for one of thenon-existing decisions. The existing “decision” submitted was a dismissal order thatcontained no substantive information as to the nature of the case, which appellant assertedstood for a legal principle, which principle was in no way discernible from the text of thedismissal order. In another instance, appellant submitted an existing decision, again statingthat it was a substitute for a non-existing decision which he cited. That case did not standfor the principle cited.Appellant submitted a general, non-specific explanation of his search method and alist of databases and indexes that he searched. At no time did he state that he had actuallyread any of the cases cited or identify in which source any of the citations to the non-existentdecisions were found. Appellant’s explanation for citing the non-existent decisions offeredno other detail, screen shots, or copies of any portions of the resources which specificallycontained the citations of the non-existent decisions.
CBCA 7992, 79933Quoting Non-Existent Deposition DialogueAppellant’s motion contained four excerpts from depositions in quotation marks,appearing to be direct quotations, with deposition transcript page numbers cited.1 Respondent’s response to appellant’s motion noted that the quoted language did not exist onthe pages cited or anywhere in the deposition transcripts. The Board issued an orderdirecting appellant to state if the quotations were direct quotations or constructed fromtestimony. If they were constructed quotations, the Board directed appellant to quote thedeposition testimony from which he created the construction, with transcript page citations.Appellant responded that the four quotes were constructed and quoted depositiontestimony from which he alleges he constructed the quotes. The transcript page numberswhere the quoted testimony appears do not correspond to the transcript page numbers initiallycited for the four quotations in appellants motion. The actual testimony quoted does notsupport the non-existent “direct” quotes in the motion.DiscussionAppellant represents himself as pro se. “We construe a pro se litigant’s pleadingsliberally,” but such lenience does not affect a pro se litigant’s burden of proof or our[assessment] of the factual record.” House of Joy Transitional Programs v. Social SecurityAdministration, CBCA 2535, 12-1 BCA 34,991, at 171,975 (citing Haines v. Kerner, 404U.S. 519, 520 (1972); Greenlee Construction, Inc. v. General Services Administration,CBCA 416, 07-1 BCA 33,514, at 166,062).The lenience afforded to pro se litigants does not relieve appellant of a fundamentalstandard of conduct for all litigants—the duty of candor to the tribunal. O’Brien v. Flick, No.24-61529-CIV, 2025 WL 242924, at *5 (S.D. Fla. Jan. 10, 2025). The duty of candor to atribunal requires that all submissions be accurate, complete, and truthful. The violation ofthis duty is misconduct which affects the Board’s process and proceedings and issanctionable pursuant to Board Rule 35, which reads in relevant part:(a) Standards of conduct. All parties and their representatives, . . . shall obeydirections and orders of the Board and adhere to standards of conductapplicable to such parties and persons.1The depositions are subject to a protective order. We do not discuss theprotected material in this decision.
CBCA 7992, 79934(b) Sanctions. If a party . . . fails to comply with any direction or order of theBoard (including an order to provide or permit discovery) or engages inmisconduct affecting the Board, its process, or its proceedings, the Board maymake such orders as are just, including the imposition of appropriate sanctions.41 CFR 6101.35 (2024) (emphasis added).The Board issued seven orders with inquiries to appellant with regard to theinformation which is the subject of this decision. While appellant stated that his responseswere offered to “clarify the submission of the information at issue, the vagueness of hisresponses only created additional confusion and failed to credibly explain how such non-existent and misleading information could have been submitted. Appellant did not expressan apology to the Board in any of his responses but maintained that the information wassubmitted “in good faith” and resulted in “harmless error.” Appellant’s actions did not resultin “harmless error.” Rather, the results of appellant’s actions are as follows:(1)Appellant’s submission of citations to non-existent decisions, quotingnon-existent deposition language, and mischaracterizing existing depositionlanguage violates appellant’s duty of candor to the Board.2(2) Appellant’s actions in (1) above constitute misconduct, which violateBoard Rule 35, as they affect the Board, its process, and its proceedings, resulting in (a) the waste of the Board’s and opposing counsel’s resources todetermine the validity and accuracy of information submitted by appellant; and (b) excessive time and effort, and delay, for the panel to deliberate and toresolve appellant’s motion.(3)Appellant’s vague, confusing, and unpersuasive responses to theBoard’s orders raise questions as to the credibility and veracity of hisresponses.2In response to a Board order, appellant stated that he did not use artificialintelligence (AI) to draft his motion. A characteristic of using AI is its propensity to“hallucinate,” meaning to create information which appears credible and real but which isactually false, non-existent, or a mischaracterization of existing information. There is noprohibition against using AI at the Board. However, “[i]f using AI, parties retain fullresponsibility for the accuracy of all submissions to the Board.” Annual Report, UnitedStates Civilian Board of Contract Appeals, Fiscal Year 2025, https://cbca.gov/files/2025-CBCA-Annual-Report.pdf (last visited February 23, 2026).
CBCA 7992, 79935SanctionAppellant’s actions as described herein constitute sanctionable misconduct pursuantto Board Rule 35. We issue this formal admonishment to appellant to alert appellant that,as the case proceeds, if he continues such conduct, additional and harsher sanctions will beimposed, which could include dismissal of the appeals without proceeding to the merits. Rule 35(b)(6). Allan H. Goodman ALLAN H. GOODMANBoard JudgeWe concur: H. Chuck Kullberg Kyle Chadwick H. CHUCK KULLBERGKYLE CHADWICKBoard JudgeBoard Judge
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