- 7 - bore the signature of petitioner and another bore the signature of J.C. Chisum. On December 18, 2001, the Court’s Order to Show Cause Under Rule 91(f) was issued, and petitioner was directed to show cause, on or before January 10, 2002, why the facts set forth in respondent’s motion paper should not be accepted as established for purposes of the pending case. The Order further stated: If no response is filed within the period specified above with respect to any matter or portion thereof, or if the response is evasive or not fairly directed to the proposed stipulation or portion thereof, that matter or portion thereof will be deemed stipulated for purposes of the pending case, and an order will be entered accordingly, pursuant to Rule 91(f)(3). On January 14, 2002, the Court received from petitioner a Motion for a Date and Time Set Certain for Trial, dated January 10, 2002. On January 15, 2002, the Court instituted a conference telephone call with the parties. The Court explained that petitioner’s motion for a date and time certain for trial could not be granted because it conflicted with a trial previously set. The Court also advised petitioner that her response to the order to show cause had not been received. The nature of petitioner’s response, which apparently had been mailed but not delivered to the Court, was described. Petitioner’s response (a copy of which was attached to respondent’s motion to dismiss) was not fairly directed to the proposed stipulation or any portion thereof but raised frivolous legal objections andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011