- 13 - In early January 1995, in a telephone conference call among the parties and the Court and Stephen R. Field (Field), an attorney for petitioner who had not entered his appearance in this case, petitioner requested a continuance for the purpose of employing Field to represent him. The Court advised petitioner that no continuance would be granted in view of the history of this case. The case was called for trial on April 3, 1995, in New York City. Respondent filed a Motion for Sanctions and a Motion to Dismiss for Failure Properly to Prosecute. The Second Stipulation of Facts executed by respondent and Ms. Barth was filed. Petitioner arrived late and filed a Motion for Continuance based upon the pendency of an appeal from his mail fraud conviction. His Motion for Continuance was denied, and the Court stated that respondent's motions would be granted with respect to the deficiencies. The Court indicated that the trial would proceed with respect to the fraud issues and those issues involving Ms. Barth. The Court advised petitioner that he could testify but that he could not call any other witnesses because of his failure to file a trial memorandum or to have present those witnesses. Petitioner thereafter testified that he would have called Timbie and Onofrio as witnesses, but he admitted that he had not taken any steps to produce them for the trial. Petitioner represented that he intended to employ Field as his attorney by April 30, 1995, and that he was in consultationPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011