- 6 - I have had conversations with the assistant attorney general of the State of Maryland concerning what their testimony and official records would be. They indicate to me merely that there is disputed facts to the extent that their records do not coincide with allegations of fact that Mr. Wittstadt has made. And, therefore, I think, ultimately if Mr. Wittstadt would waive his disclosure privilege with the State of Maryland, the State would be able to provide an affidavit that would show that material facts are in dispute in this case. The Court agreed to continue petitioners' motion for summary judgment for further hearing. In agreeing to do so, the Court stated, in part, as follows: What the Court would expect is that, to the extent possible, the parties would stipulate or agree to facts not reasonably in dispute, and indicate so you can highlight to the Court what facts are left in dispute, and whether or not to support -- Respondent seems to be saying that he believes that summary judgment is not appropriate here because there may be a dispute on facts. But it would be certainly helpful to have a record in which the Court can decide that by stipulation. On April 20, 1994, a further hearing was conducted in Washington, D.C., on petitioners' motion for summary judgment.5 However, contrary to the Court's directive expressed at the prior hearing, no executed stipulations were filed by the parties. In this regard, respondent's counsel acknowledged that information had been obtained from the Maryland State Retirement Agency; respondent's counsel stated that he had prepared stipulations of 5 We note that at no time did respondent ever file any cross-motion for summary judgment. As will be discussed infra in the text above, respondent thought that there were factual issues in dispute.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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