- 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