- 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 By order, the Court declared withdrawn and set aside any deemed admissions made by petitioners by reason of Rule 90(c) and granted leave for the filing of petitioners’ response.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 * * * orPage: 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