- 12 - For the following reasons, we think the applicable standard is clearly satisfied in this case. First, petitioner failed to appear at trial, either in person or by counsel, despite the warning set forth in the Court's Notice setting this case for trial. Rather, a "friend" of petitioner came forward and "served" on the Court petitioner's Motion to Dismiss. Second, petitioner failed to cooperate in preparing this case for trial, despite the warning set forth in the Court's Notice setting this case for trial. Third, petitioner failed to comply with the Court's Order granting respondent's Motion to Compel Production of Documents, despite the warning set forth in such order. Fourth, petitioner failed to comply with the Court's Standing Pre-trial Order, despite the admonitions therein and despite the reminder concerning the applicability of such order that was set forth in the Court's Order granting respondent's aforementioned motion to compel production. Fifth, petitioner's Motion to Dismiss itself demonstrates petitioner's lack of interest in pursuing whatever justiciable issues may exist in this case. In view of the foregoing, we conclude that dismissal is warranted as a sanction. Accordingly, we will grant respondent's Motion To Dismiss For Failure To Properly Prosecute.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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