Robert L. Beck - Page 6




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          “Not Stipulated”, providing no reasons upon which he based his              
          refusal to admit or stipulate, contrary to the requirements of              
          Rules 90(c) and 91(f)(2).  Mrs. Beck filed no response to                   
          respondent’s request for admissions or to the Court’s Order to              
          Show Cause pursuant to Rule 91(f).3                                         
               On May 4, 1999, the Court granted Dr. Beck’s motion for a              
          continuance and discharged its Order to Show Cause Under Rule               
          91(f).  In the Court’s notice setting case for trial, dated May             
          21, 1999, the cases were calendared for trial at the session of             
          the Court commencing October 25, 1999, in Houston, Texas.                   
               On June 4, 1999, respondent once again filed a motion to               
          show cause why proposed facts in evidence should not be accepted            
          pursuant to Rule 91(f).  The subject matter of respondent’s Rule            
          91(f) motion was the facts and evidence set forth in those                  
          paragraphs of respondent’s requested admissions and proposed                
          stipulations of facts to which Dr. Beck had failed to agree in              
          his previous responses.  On June 7, 1999, the Court granted                 
          respondent’s motion and ordered petitioners to file a response              
          and show cause, on or before June 28, 1999 (subsequently,                   
          enlarged to July 13, 1999, by Court Order dated June 30, 1999),             
          why the matters set forth in respondent’s motion papers should              
          not be deemed admitted for purposes of these proceedings.                   


               3 Consequently, pursuant to Rule 90(c), each matter set                
          forth in respondent’s requested admissions was deemed admitted as           
          to Mrs. Beck.                                                               





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