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with Field about his testimony in this case. The Court advised
petitioner that he could move to set aside the defaults
previously declared and that cooperation with respect to the
second stipulation of facts and his testimony might help him in
that regard. Petitioner then indicated that most of the items
set forth in the second stipulation of facts were agreeable. At
no time during his testimony, however, did petitioner show any
error or suggest any specific error in respondent's determination
with respect to the deficiencies.
On April 5, 1995, the case was submitted. Petitioner was
advised that he had until May 5, 1995, to make any motions to be
relieved of his prior defaults, to vacate admissions, or to
strike any exhibits to which a valid evidentiary objection could
be made. The Court stated:
you must include a detailed offer of proof, including
copies of any documents that you would offer in
evidence such as transcripts of prior testimony and a
summary of the anticipated testimony that you or any
other witness could give at any further trial if the
record were reopened.
You're certainly going to have to show good cause,
and I frankly doubt it, because on the basis of the
history so far, I've drawn the inference that you had
never any intention to prosecute this case, but only to
delay it. But if you--I do have to consider any such
motions with regard to the interest of justice, and
you're obviously going to have to offset any prejudice
to the Court, to Respondent and to Mrs. Barth from the
delays and from not resolving it at that point.
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