- 7 - of the trial date and indicating respondent would seek a default judgment or move to dismiss for failure properly to prosecute if Attorney Riley continued to fail to cooperate. On May 12, 1994, respondent mailed her trial memorandum to the Court and to Attorney Riley. Attorney Riley did not prepare a trial memorandum. On June 2, 1994, Attorney Riley contacted respondent's counsel indicating he would be out of town until late on June 3, 1994. Respondent's counsel offered to meet during the weekend of June 4 and 5, 1994, but Attorney Riley failed to contact him. At the calendar call of the trial session on June 6, 1994, there were no stipulations of fact by the parties, no exchanges of documents, and no trial memorandum from petitioners. The Court's Standing Pre-Trial Order requires the parties to meet and to stipulate under Rule 91 "to the maximum extent possible". The Standing Pre-Trial Order also requires the parties to exchange trial memoranda (including their witness lists and copies of all documents to be offered at trial that have not been stipulated to) 15 days before the calendar call of the trial session. Respondent's counsel had complied to the extent that he could do so unilaterally. Attorney Riley appeared at the calendar call but had not complied with the Court's Standing Pre-Trial Order. Instead, Attorney Riley filed a motion for continuance which thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011