Herbst Asset Mgmt. Trust, et al. - Page 9




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          motions in the cases at docket Nos. 10001-00 and 10002-00.                  
               On July 30, 2001, respondent sent a letter to Mr. Wise,                
          which respondent attached to respondent’s discovery motions in              
          the cases at docket Nos. 10001-00 and 10002-00 and in which                 
          respondent stated:                                                          
                    You stated during our July 17, 2001, telephone                    
               conversation that you would no longer be representing                  
               the above-referenced taxpayers [petitioners in the                     
               cases at docket Nos. 9999-00 through 10002-00], whose                  
               Tax Court cases are scheduled for trial the week begin-                
               ning October 15, 2001.  Although you served our office                 
               with a Notice of Substitution of Counsel, as of this                   
               date our records indicate that the Court has not agreed                
               to the substitution or to your withdrawal as counsel in                
               these cases.                                                           
                    I have enclosed two (2) sets each of Respondent’s                 
               First Set of Interrogatories to Petitioner (“Interroga-                
               tories”) and Respondent’s First Request for Production                 
               of Documents (“Production of Documents”) which pursuant                
               to Tax Court Rules 71 and 72 require responses within                  
               30 days of service.  As appropriate, please forward a                  
               copy of this letter and the enclosed Interrogatories                   
               and Production of Documents to Ronald Herbst and Andrea                
               Herbst.                                                                
               On September 4, 2001, the Court issued respective Orders               
          (September 4, 2001 Orders) in the cases at docket Nos. 10001-00             
          and 10002-00 in which it directed (1) petitioners in those cases            
          to file on or before September 13, 2001, written responses to               
          respondent’s motions to compel discovery; (2) Ms. Jackson and Mr.           
          Wise each to file on or before September 13, 2001, any motions to           
          withdraw as counsel; and (3) the Clerk of the Court to serve                
          copies of respondent’s respective motions to compel discovery and           
          the Court’s respective September 4, 2001 Orders not only on then            





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