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requested petitioner to identify the type of evidence,
testimonial or documentary, that he would rely upon in support of
his positions.
On September 29, 1998, petitioner was served with a notice
setting this case for trial at the trial session in Seattle
beginning March 1, 1999. That notice states in large type, "YOUR
FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CASE AND ENTRY
OF DECISION AGAINST YOU." It also states:
Your attention is called to the Court's
requirement that, if the case cannot be settled on a
mutually satisfactory basis, the parties, before trial,
must agree in writing to all facts and all documents
about which there should be no disagreement.
Therefore, the parties should contact each other
promptly and cooperate fully so that the necessary
steps can be taken to comply with this requirement.
YOUR FAILURE TO COOPERATE MAY ALSO RESULT IN DISMISSAL
OF THE CASE AND ENTRY OF DECISION AGAINST YOU.
Petitioner was also served with the Court's standing
pretrial order which set forth requirements for continuances and
for exchange of information and cooperation between the parties.
On January 13, 1999, respondent wrote petitioner yet again,
asking him to identify the type of evidence, testimonial or
documentary, that he intended to rely upon at trial. This letter
also reminded petitioner of the Court's standing pretrial order
requiring the parties to identify and exchange any documents they
intended to rely upon at trial at least 15 days prior to trial.
Petitioner did not respond. On February 9, 1999, respondent
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