Herbst Asset Mgmt. Trust, et al. - Page 33




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               We find that petitioners have only themselves to blame for             
          the consequences resulting from their actions and inactions in              
          these cases and that they should bear responsibility for their              
          conduct.  It was petitioners who decided not to have these cases            
          heard on the merits.  They decided not to cooperate with, and to            
          ignore the warnings of, respondent, their own counsel Mr. Wise              
          whom they fired, and the Court.                                             
               The Court provided petitioners in these cases ample opportu-           
          nity to present relevant information to the Court even (1) after            
          respondent orally moved to dismiss these cases at the calendar              
          call on October 15, 2001, (2) after the trial took place on the             
          same date, and (3) after respondent filed on November 13, 2001, a           
          written motion to hold petitioners in default in each of the                
          cases at docket Nos. 9999-00 and 10000-00 and a written motion to           
          dismiss for lack of prosecution in each of the cases at docket              
          Nos. 10001-00 and 10002-00.  Petitioners declined to provide any            
          such relevant information.  Instead, they failed to prosecute               
          their respective cases, ignored all Orders of the Court, and                
          submitted to the Court documents containing statements, conten-             
          tions, and arguments that were frivolous and/or groundless.  In             
          addition, the named petitioner in each of the cases at docket               
          Nos. 9999-00 and 10000-00 failed to establish who has the author-           



               13(...continued)                                                       
          Ann. Model Rules of Profl. Conduct R. 7.3 (1999).                           





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