Richards Asset Mgmt. Trust, et al. - Page 32




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          Court issued that Opinion.15                                                
               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. 10764-00 and 10767-00 and a written motion             
          to dismiss for lack of prosecution in each of the cases at docket           
          Nos. 10765-00 and 10766-00.  Petitioners declined to provide any            


               15Petitioners’ motion for reconsideration indicates that on            
          Apr. 22, 2002, Mr. Wise called Mr. Richards to advise him of                
          Richards I and the respective Orders of Dismissal in the cases at           
          docket Nos. 10764-00 and 10767-00 and the respective Orders of              
          Dismissal and Decision in the cases at docket Nos. 10765-00 and             
          10766-00.  According to petitioners’ motion for reconsideration,            
          Mr. Wise advised Mr. Richards that the deadline within which to             
          file motions to vacate those Orders was soon approaching and that           
          something needed to be done immediately.  We do not understand              
          why Mr. Wise contacted Mr. Richards on Apr. 22, 2002, since                 
          petitioners in the instant cases had fired Mr. Wise around July             
          2001.  See Rule 201; ABA, Ann. Model Rules of Profl. Conduct R.             
          7.3 (1999).                                                                 





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