Richards Asset Mgmt. Trust, et al. - Page 23




                                       - 23 -                                         
          docket No. 10764-00 and Richards Charitable Trust in the case at            
          docket No. 10767-00 had failed to establish who has the authority           
          to act on their behalf in those respective proceedings and                  
          (2) that neither of those cases was brought by and with the full            
          descriptive name of the fiduciary entitled to institute each such           
          case on behalf of Richards Management Trust or Richards Charita-            
          ble Trust, as the case may be, as required by Rule 60(a)(1).  The           
          Court held in Richards I that it did not have jurisdiction over             
          the cases at docket Nos. 10764-00 and 10767-00.                             
               Pursuant to Richards I, on March 28, 2002, the Court entered           
          an Order of Dismissal in each of those cases in which the Court             
          dismissed each such case for lack of jurisdiction.8                         
               In Richards I, the Court further found that neither Mr.                
          Richards nor any authorized representative of Mr. Richards                  
          appeared on October 15, 2001, at the calendar call at the Court’s           
          Cleveland trial session or at the trial that the Court held in              
          these cases.  The Court also found in Richards I that the written           
          response by Mr. Richards to respondent’s motion to dismiss for              
          lack of prosecution in the case at docket No. 10766-00 did not              
          contain any valid reason why the Court should not dismiss the               





               8Because we dismissed the cases at docket Nos. 10764-00 and            
          10767-00 for lack of jurisdiction, we denied respondent’s motion            
          to hold petitioners in default in each of those cases.                      





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011