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ordered the record closed as of December 26, 2000, without having
received any additional materials from petitioners.
In its December 26, 2000, order, the Court also modified the
briefing schedule to provide that respondent (and not
petitioners) would file the opening brief. The Court further
ordered that respondent’s opening brief was due on February 28,
2001, and that petitioners’ answering brief was due on April 30,
2001. Respondent’s brief was served on February 28, 2001, and
was filed by the Court on March 5, 2001.
After Mr. Comey had once again failed to notify the Court of
his current address, and after the Court had learned, through its
own inquiries, that Mr. Comey would be under house arrest
beginning May 17, 2001, the Court extended the due date of
petitioners’ brief to July 9, 2001.
By order dated July 24, 2001, the Court further extended the
due date for petitioners’ brief until August 24, 2001. In the
teleconference that led to this order, the Court clearly informed
Mr. Comey that no further delay would be tolerated, and that no
further extension would be granted.
Petitioners did not send the Court a brief on or before the
August 24, 2001, due date, nor did they inform the Court that
they would not be filing a brief or offer any excuse for their
failure to file a brief.
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Last modified: May 25, 2011