John M. Schaefer - Page 10

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          respondent all documents that he would use at trial for 1991 by             
          April 3, 1997, and for 1992 by April 17, 1997.  Petitioner agreed           
          to provide any additional documents requested by respondent                 
          within 7 days.  Petitioner also agreed that if he did not give              
          respondent the documents by the agreed dates, he would concede              
          all issues for which he did not provide substantiation or would             
          rely solely on oral testimony to substantiate.  On the basis of             
          the parties' pretrial agreement, we granted their motion.                   
          Petitioner did not give any documents to respondent pursuant to             
          his agreement at any time before trial.                                     
               On the second day of the Reno session, petitioner filed a              
          second motion to continue on the grounds that he had hired an               
          accountant, Robert Ruchti, to assist him in these cases, and he             
          could not get his records ready for trial because he had been               
          physically assaulted on April 3 and May 3, 1997, by a resident of           
          his building.  Petitioner attached to his motion to continue a              
          copy of the May 3, 1997, newsletter petitioner published for the            
          residents of his building in which he described the May 3 assault           
          on himself.  Petitioner attached to his motion a copy of a police           
          citation he received on May 4, 1997, in which he was charged with           
          misdemeanor battery for unlawfully spraying in the face with                











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