Frank A. Luca and Sherry L. Luca - Page 5




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          Luca to:                                                                      
               (1) diligently undertake all steps that he can                           
               reasonably pursue, given his incarceration, to obtain                    
               by April 30, 1999, the documents needed to try this                      
               case or settle it; (2) keep respondent informed about                    
               the steps he is taking to secure the documents; (3)                      
               once the documents are secured, make every effort to                     
               organize them and to deliver them to respondent for                      
               review; and (4) file a written status report with the                    
               Court on or before June 25, 1999.                                        
          Respondent was also ordered to file a written status report with              
          the Court by June 25, 1999.                                                   
               On April 30, 1999, respondent sent Mr. Luca a letter                     
          reminding him of his obligations under the Court’s order and                  
          requesting that he inform respondent of his efforts to secure the             
          necessary documentation.  Mr. Luca replied by letter dated May                
          10, 1999, but his reply merely referenced an attached copy of his             
          above-described motion for continuance.  Respondent received no               
          further correspondence from Mr. Luca prior to the due date of the             
          status reports.                                                               
               On June 22, 1999, respondent filed his status report in                  
          which respondent noted his limited correspondence with Mr. Luca               
          and Mr. Luca’s apparent lack of success in obtaining the                      
          necessary documentation.  Respondent further requested that the               
          case be placed on the calendar for the next trial session and                 
          that petitioners not be given any further continuances.  Mr. Luca             
          failed to file the status report required of him.  The Court then             
          ordered the case to be restored to the general docket for trial,              






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