Connie Lucic, Petitioner, and Michael J. Lucic, Intervenor - Page 7




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          continuance, and did not otherwise communicate his intentions to            
          the Court.  In addition, intervenor has never responded to the              
          Court’s Orders of August 17, 2006, and January 10, 2007.                    
               Intervenor has offered no cognizable reason for failing to             
          appear for trial.3  Instead, intervenor contends that he relied             
          on respondent to prosecute this matter against petitioner’s                 
          request for relief.  Intervenor’s reliance on respondent in this            
          regard was misplaced.  Respondent was under no obligation to                
          represent intervenor’s interests in prosecuting this case.  In              
          any event, according to intervenor’s own representations,                   
          respondent’s counsel informed intervenor about 2 weeks before the           
          scheduled trial session that respondent was conceding the case.             
          Intervenor was on notice, then, well before the scheduled trial,            
          that respondent would not be representing his interests in this             
          matter.  Intervenor has only himself to blame for failing to                
          avail himself of his opportunity to protect his interests as an             
          intervenor in this proceeding by appearing for the scheduled                
          trial.                                                                      
               Although intervenor has the right not to sign a decision               
          document with which he disagrees, he “does not have immunity from           


               3 In his objections to respondent’s motion for entry of                
          decision, intervenor suggests, with little elaboration, that                
          traveling to Boston for the trial might have been a financial               
          hardship for him.  Intervenor did not move, however, to change              
          the place of trial or otherwise communicate with the Court                  
          beforehand about any such financial hardship.                               






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