- 15 - This is all related. There is no absolute, rational basis for holding a person’s assets the way they [i.e., Kidder Peabody] did * * * We denied both petitioner’s motion for a continuance and respondent’s motion to dismiss. At trial on this matter, petitioner sought to subpoena Ms. Chervin, who had represented Kidder Peabody in the District Court proceedings that petitioner had instituted. Ms. Chervin sought to quash the subpoena, asserting in an affidavit that petitioner had failed to provide the fees and mileage required by Rule 148, that she had no personal knowledge of the matters involved and, further, that petitioner’s attempt to subpoena her was an apparent attempt to circumvent the District Court’s order barring petitioner from further filings against Kidder Peabody. We granted her motion to quash on the basis of petitioner’s failure to tender witness fees and mileage. Our ruling did not address the other grounds presented. At the conclusion of trial, we ordered opening briefs to be filed in 75 days, with answering briefs to be filed 45 days later. On the due date for opening briefs, petitioner submitted a document which requested, among other things, an interlocutory appeal and an extension of time to file briefs. We granted petitioner an additional 6 weeks to file his opening brief but denied his motion for interlocutory appeal. Petitioner failed toPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011