Herbst Asset Mgmt. Trust, et al. - Page 15




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          petitioners alleged that “Petitioner is [sic] did not receive of            
          [sic] any of the interrogatories that the Respondent wishes                 
          answered in a timely manner.  They were apparently sent to the              
          attorney of record who was fired.”  The reason quoted above for             
          petitioners’ asking the Court to grant petitioners’ motion to               
          continue was false and groundless.  As set forth above, on                  
          September 4, 2001, the Court served petitioners in the cases at             
          docket Nos. 10001-00 and 10002-00, at the address of record                 
          listed in the petitions, with copies of (1) respondent’s respec-            
          tive motions to compel discovery in those cases, including the              
          exhibits that respondent had attached thereto (inter alia,                  
          respondent’s discovery requests), and (2) the Court’s respective            
          September 4, 2001 Orders directing petitioners to file a response           
          to each such motion on or before September 13, 2001.  Moreover,             
          as discussed above, Mr. Wise represented in Mr. Wise’s motion to            
          withdraw that on September 10, 2001, he sent to petitioners via             
          Federal Express for delivery at 10 a.m. on September 11, 2001,              
          copies of the Court’s September 4, 2001 Orders as well as respon-           
          dent’s motions to compel discovery.  On October 4, 2001, the                
          Court denied petitioners’ motion to continue.                               
               On October 9, 2001, respondent filed a report (respondent’s            
          October 9, 2001 report) in each of the cases at docket Nos.                 
          10001-00 and 10002-00, as directed by the Court in the Court’s              
          September 19, 2001 Order in each of those cases.  Respondent’s              






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