- 6 - “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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011