J. David Golub - Page 15




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                    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 to            





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