Joseph J. and Eileen H. Lipari - Page 5




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          stayed.                                                                       
               On October 4, 1999, petitioners’ bankruptcy case was                     
          dismissed with prejudice.  The stay of proceedings in this case               
          was thereafter lifted, and the case was rescheduled for trial                 
          during the Court’s June 5, 2000, trial session.                               
          Discovery for June 2000 Trial                                                 
               Confronted with petitioners’ refusal to work toward a                    
          stipulation of facts, respondent filed a Motion to Show Cause Why             
          Proposed Facts in Evidence Should Not Be Accepted as Established              
          on February 7, 2000.  On February 8, 2000, the Court issued an                
          Order to Show Cause Under Rule 91(f), requiring petitioners to                
          respond as to why matters set forth in respondent’s motion should             
          not be deemed admitted.  Petitioners filed a response on February             
          19, 2000, but such response failed to address the proposed                    
          stipulations.                                                                 
               On March 3, 2000, respondent proceeded with a second attempt             
          at formal discovery, serving on petitioners Respondent’s Second               
          Set of Interrogatories, Respondent’s Second Request for                       
          Production of Documents, and Respondent’s Requests for Admission.             
          Petitioners addressed these discovery requests in much the same               
          manner as previous ones, prompting respondent again to seek the               
          assistance of this Court in obtaining discovery.  On                          
          April 14, 2000, respondent filed a Motion to Compel Responses to              
          Respondent’s Second Request for Production of Documents.  On                  






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