Kenneth E. Bixler - Page 12

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               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.                        






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