Paul Garfinkle - Page 8

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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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