Leslie R. Barth - Page 12

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                  By Order served November 4, 1994, the cases were set for                              
            trial in New York City on April 3, 1995.  The parties were                                  
            ordered to submit on or before March 3, 1995, trial memoranda                               
            setting forth a discussion of the issues remaining to be tried                              
            and the legal authorities relied on by the parties, identifying                             
            each witness to be called at trial with a brief summary of the                              
            anticipated testimony of such witness, and other matters.  The                              
            Order stated:  "Witnesses who are not identified in the trial                               
            memorandum will not be permitted to testify at the trial without                            
            leave of the Court upon sufficient showing of cause."  The                                  
            requirement of the trial memorandum had been included in the                                
            Standing Pre-Trial Order served with each prior notice of trial,                            
            but petitioner never submitted a trial memorandum.                                          
                  The Order served November 4, 1994, also required the filing                           
            of a stipulation of facts on or before March 3, 1995.  Ms. Barth                            
            and respondent entered into a Second Stipulation of Facts,                                  
            attaching a variety of records showing receipt by petitioner of                             
            amounts determined by respondent to be unreported income and                                
            attaching various tax returns filed for entities controlled by                              
            petitioner over a period of time.  Petitioner failed to cooperate                           
            with respondent and Ms. Barth's counsel with respect to this                                
            stipulation of facts.                                                                       
                  On December 5, 1994, respondent's request for admissions was                          
            filed, reflecting service on petitioner on December 2, 1994.                                
            Petitioner did not respond to the request for admissions.                                   

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