- 6 -
1986); Matter of Sanction of Baker, 744 F.2d 1438, 1446
(10th Cir. 1984). Said showing shall take into account
each and all of the following aspects of petitioner's
conduct in this case:
1. Failure to produce for stipulation, in
accordance with Rule 91(b), documentary and written
evidence that petitioner intended to introduce at
trial;
2. Failure to comply with the Court's Standing
Pre-Trial Order served October 16, 1997;
3. Refusal to present evidence at trial of
specific business transactions engaged in by him during
the years in issue;
4. Failure to file a reply to affirmative
allegations in the answer, in accordance with Rule 37.
5. Failure to file a response to respondent's
requests for admission, in accordance with Rule 90.
Petitioner did not file a response to the Court's Order to
Show Cause dated May 15, 1998, nor did he file a brief in this
case. The Court, in an Order dated September 28, 1998, stated
the following:
ORDERED that the Court's Order to Show Cause,
dated May 15, 1998, is hereby made absolute and this
case remains submitted to the undersigned based on the
transcript of the proceedings of March 16 and 17, 1998,
and no further evidence will be received and no further
briefs will be accepted.
Discussion
Rule 123(a) provides that if any party fails to plead or
otherwise proceed as provided by the Rules or as required by the
Court, that party may be held in default on the motion of the
other party or on the initiative of the Court. See Smith v.
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