Abraham and Dina Weiss - Page 5




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          issued an order in response to respondent's earlier filed                   
          motions, requiring petitioners, by February 18, 1997, to produce            
          requested documents and to respond to respondent's                          
          interrogatories.  The Court held in abeyance respondent's motion            
          for sanctions regarding petitioners' failure to respond to the              
          discovery requests.                                                         
               Petitioners, however, filed no response to the request for             
          production of documents.  They did not provide answers to                   
          interrogatories or respond to the request for admissions until              
          March 12, 1997, 5 days before trial.                                        
               When the case was called on March 18, 1997, respondent                 
          agreed to the Court's vacating petitioners' deemed admissions, in           
          view of petitioners’ submission, albeit tardy, of responses to              
          those requests for admissions.  Additionally, based upon                    
          petitioners' representations that they had no documents in                  
          response to respondent's request for production of documents,               
          respondent agreed to abandon that part of the earlier filed                 
          motion that sought sanctions relating to the request for                    
          production of documents.  Respondent continued to seek sanctions            
          for petitioners’ untimely filing of responses to interrogatories.           
          In response to the motion for sanctions, the Court agreed to bar            
          petitioners' testimony covering matters that would have been                
          addressed in timely responses to interrogatories, pursuant to               
          Rule 104(c).  Before excluding such testimony, however, the Court           
          required respondent to demonstrate, in each instance, not only              
          that the proffered testimony involved information sought in the             

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