Herbst Asset Mgmt. Trust, et al. - Page 13




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               called the Petitioners and left a detailed voice mail                  
               message indicating that an immediate response to the                   
               Court’s order was required and that the undersigned                    
               would be available to assist them without charge in                    
               formulating a reply.                                                   
                    On the evening of the 10th [of September 2001] the                
               undersigned contacted James Binge at home who advised                  
               that the Petitioners had contacted him and that they                   
               did not with [sic] to speak with the undersigned.  The                 
               undersigned was advised to send the Court’s Order                      
               together with District Counsel’s Motion to the Peti-                   
               tioners by overnight mail.  Mr. Binge indicated that he                
               would be meeting with the Petitioners to assist them in                
               making a response.  The undersigned indicated that he                  
               would be available to assist in that effort.                           
                    On the evening of the 10th [of September 2001] the                
               undersigned mailed the Court’s Order and District                      
               Counsel’s Motion to the Petitioners for 10:00 am deliv-                
               ery on the 11th [of September 2001] via Federal Ex-                    
               press.                                                                 
                    It is clear to the undersigned that the Petition-                 
               ers do not wish to have him continue to represent them.                
               The undersigned has had numerous conversations with                    
               them and their accountant.  They are aware of the                      
               significance of their decision to decline assistance.                  
               On September 19, 2001, and September 24, 2001, respectively,           
          the Court granted Mr. Wise’s motion to withdraw in each of the              
          cases at (1) docket Nos. 10001-00 and 10002-00 and (2) docket               
          Nos. 9999-00 and 10000-00.                                                  
               Although the Court’s respective September 4, 2001 Orders               
          directed petitioners in the cases at docket Nos. 10001-00 and               
          10002-00 to file on or before September 13, 2001, responses to              
          respondent’s respective motions to compel discovery in those                
          cases, the Court received no such responses.  On September 19,              
          2001, the Court issued respective Orders (September 19, 2001                





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