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in January 1994, the parties represented that they believed they
might settle the case or at least narrow the issues. The cases
were specially assigned in November 1994, and in December 1994
the cases were set for trial in May 1995. During the period
between December 1994 and May 1995, extensive motions were filed
by respondent seeking to compel discovery as well as seeking to
enforce stipulation under Rule 91(f). The Court held hearings on
some of the motions and issued appropriate orders.
On the eve of the scheduled May 8, 1995, trial (May 5,
1995), the Court received copies of documents from petitioner
indicating his unavailability for trial. The documents consisted
of notes from doctors indicating that petitioner was suffering
from vertigo and imbalance. The Court attempted to schedule a
conference call; however, petitioner advised a representative of
the Court that he was unwilling to engage in a conference call.
The matter was called for trial in Columbus, Ohio, on May 8,
1995. Petitioner did not appear. The Court filed the documents
previously received on May 5, 1995, as petitioner's motion to
continue. Respondent presented Dr. Hurlbutt as a witness so that
the Court could get a sense of petitioner's medical condition.
Dr. Hurlbutt was the attending physician in the emergency room
where petitioner sought treatment. Dr. Hurlbutt testified that
petitioner complained of vertigo; however, there were no
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