Herbst Asset Mgmt. Trust, et al. - Page 28




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          granted the motion for leave and had filed in these cases peti-             
          tioners’ motion for reconsideration.  On July 2, 2002, petition-            
          ers filed in these cases petitioners’ motion to reopen the record           
          (petitioners’ motion to reopen the record).9                                
               On July 24, 2002, respondent filed a response to the Trust’s           
          motion to vacate in each of the cases at docket Nos. 9999-00 and            
          10000-00, to Ms. Herbst’s motion to vacate in the case at docket            
          No. 10001-00, and to Mr. Herbst’s motion to vacate in the case at           
          docket No. 10002-00.10                                                      






               9The Court is issuing an Order in these cases addressing               
          petitioners’ motion to reopen the record.                                   
               10Respondent did not file a response to petitioners’ motion            
          for reconsideration or a response to petitioners’ motion to                 
          reopen the record.  That was because, in an Order dated July 2,             
          2002 (July 2, 2002 Order), the Court indicated that the conten-             
          tions and arguments advanced in each of the Trust’s motions to              
          vacate, Ms. Herbst’s and Mr. Herbst’s motions to vacate appeared            
          to be essentially the same as the contentions and arguments                 
          advanced in petitioners’ motion for reconsideration and petition-           
          ers’ motion to reopen the record.  The Court further indicated in           
          the July 2, 2002 Order that it appeared that any response by                
          respondent to petitioners’ motion for reconsideration and respon-           
          dent’s response to petitioners’ motion to reopen the record would           
          be essentially the same as respondent’s response to each of the             
          Trust’s motions to vacate, Ms. Herbst’s motion to vacate, and Mr.           
          Herbst’s motion to vacate.  Consequently, in the Court’s July 2,            
          2002 Order, the Court directed respondent to file a response to             
          petitioners’ motion for reconsideration and a response to peti-             
          tioners’ motion to reopen the record only if respondent believed            
          that it was necessary to file each such response.  Obviously,               
          respondent did not believe that it was necessary to file any                
          responses to those motions.                                                 





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