Kevin and Bridget Naughton - Page 5




                                        - 5 -                                         
               Respondent subsequently served on petitioners requests for             
          admission pursuant to Rule 90.  Having received no response after           
          more than 2 months, respondent then filed a motion for summary              
          judgment and included with the motion revised computations of the           
          deficiency for 1997, in conformity with the above-mentioned                 
          concessions.  The Court in due course ordered petitioners to                
          respond to respondent’s motion.                                             
               Petitioners timely submitted their opposition to the motion            
          for summary judgment.  The Court at the same time also received             
          from petitioners a response to respondent’s requests for                    
          admission.  By order, the Court declared withdrawn and set aside            
          any deemed admissions made by petitioners by reason of Rule 90(c)           
          and granted leave for the filing of petitioners’ response.  In              
          their response, petitioners admitted certain items primarily of a           
          formal or administrative nature, denied several other points with           
          very brief explanations, and denied the remainder (constituting             
          the majority of the requested admissions) with no explanation.              
               Petitioners failed to attend a hearing thereafter scheduled            
          by the Court, and, although Mr. Judge attempted to participate,             
          his appearance was not permitted since he had been suspended from           
          practice before this Court.                                                 
               The Court and counsel for respondent addressed the status of           
          the pending motion for summary judgment.  The Court observed that           
          petitioners had not “done anything like cooperating * * * or                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011