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On September 10, 2004, the case was called for trial.
Petitioner did not appear. Respondent’s counsel represented to
the Court that he had spoken with petitioner on September 9,
2004, that petitioner had stated he would fax copies of his
documentation to respondent’s counsel, and that petitioner had
asked him to agree to a continuance. Respondent’s counsel told
petitioner that he would discuss the continuance with him on
September 10, 2004, but petitioner refused to appear on September
10, 2004. Respondent’s counsel advised petitioner that, if
petitioner did not appear, he would move to dismiss petitioner’s
case. Petitioner stated that he would fax his documentation to
respondent’s counsel, but the promised documentation was not
received.
On September 10, 2004, respondent submitted to the Court a
motion to dismiss for lack of prosecution, which was served by
mail on petitioner on September 10, 2004, and filed on September
13, 2004. On October 25, 2004, we received and filed
petitioner’s response to the motion to dismiss.
On March 7, 2005, we held a conference call with the parties
to discuss the case status and, particularly, a copy of what
purported to be petitioner’s Federal income tax return for 2000
that petitioner had mailed to the Court. Petitioner’s purported
2000 return did not include any of the wages that petitioner had
admitted receiving during 2000 and asserted a claim to an
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