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When trial of these consolidated cases began on March 25,
1999, at the Court’s Milwaukee, Wisconsin, trial session,
petitioners had not signed a stipulation of facts. During the
trial, petitioners did sign a stipulation of facts and agreed to
other stipulations on the record. Petitioners indicated,
however, that if given more time, they could discover additional
evidence. Therefore, at the close of trial, the Court held the
record open until April 26, 1999, for receipt of additional
stipulations, information, documents, or evidence. The Court
also set a seriatim briefing schedule, under which petitioners’
opening brief was due on or before June 23, 1999.
During the more than 2 years that have passed since these
deadlines were first set, the Court has extended them numerous
times. Petitioners requested some of these extensions, because
Mr. Comey claimed to have had health problems, or was
incarcerated. Other extensions, occasioned by Mr. Comey’s
incarcerations, were granted on the Court’s own motion.
On September 11, 2000, the Court ordered Mr. Comey to file a
status report by the earlier of December 14, 2000, or Mr. Comey’s
release from jail. On December 21, 2000, not having received
anything from Mr. Comey, the Court investigated and learned that
Mr. Comey had been released from jail on October 6, 2000. As a
result of Mr. Comey’s failure to comply with the Court’s order,
during a long period when he was not incarcerated, the Court
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