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In 1982, petitioner pleaded guilty to several crimes in
connection with his promotion of investments in the S-J
partnerships, including mail fraud, assisting in the preparation
of an individual income tax return relating to the S-J
partnerships that was fraudulent as to a material item, and
willfully and knowingly conspiring to devise a scheme to defraud
and to obtain money from respondent and from investors by means
of false representations relating to the S-J partnerships.
During the pendency of additional criminal charges against
petitioner, petitioner alleged certain Fifth Amendment rights in
the instant proceeding. On August 14, 1996, however, petitioner
entered into a plea bargain and a judgment was entered against
petitioner with regard to those charges. On October 1, 1996, the
Court herein issued a pretrial order calendaring the instant case
for trial and requiring discovery to be completed, expert witness
reports to be exchanged, a list of witnesses to be exchanged, a
stipulation of facts and a stipulation of exhibits to be filed,
and pretrial briefs to be filed. Petitioner failed to comply
with any aspect of the above pretrial order.
Summary judgment or partial summary judgment may be granted
if pleadings, answers to interrogatories, admissions, and other
material show that no genuine issue exists as to any material
2(...continued)
this increased deficiency by way of a motion for partial summary
judgment. Rule 41.
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