Cristeen B. Comey - Page 5




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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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