- 11 - On May 5, 1994, petitioners filed a frivolous Motion To Dismiss. This motion is 23 pages in length and, as are most of petitioners' filings, replete with tax protester arguments. Also on May 5, 1994, petitioners retained an attorney to represent them in this case. Petitioners' counsel subsequently informed respondent's counsel that he would be requesting a continuance because he did not have enough time to fully prepare the case before the May 23, 1994, trial date. Petitioners filed their Motion For Continuance on May 11, 1994. Petitioners represented that "Counsel for Petitioners believes that a realistic prospect of settlement exists if the continuance is granted, thereby potentially obviating the need for any trial". Based on the representations of petitioners' counsel, respondent's counsel did not object to the continuance. Respondent's counsel, however, did inform petitioners' counsel that if there were no progress on the case by mid-July, respondent's counsel would file a motion for summary judgment relying on the requested admissions that had been deemed admitted. On May 18, 1994, petitioners sent respondent their responses to respondent's Request for Admissions. Petitioners also attempted to file those responses with the Court. The document was not filed by the Court and was returned to petitioners as untimely. Petitioners did not at this time seek to be relieved of the deemed admissions. The Court's transmittal letterPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011