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that respondent contacted UPS by telephone, submitted the
tracking number appearing on the envelope bearing the petition in
this case, and was informed that the envelope was delivered to
UPS on Friday, April 19, 2002.
On June 12, 2002, petitioners filed a Notice of Objection to
respondent’s motion. In their objection, petitioners assert that
the petition should be deemed to have been timely filed on the
ground the petition was delivered to Mail Boxes Etc. on April 18,
2002. Attached to petitioners’ Notice of Objection is a Mail
Boxes Etc. parcel shipping order which indicates that petitioners
delivered the petition to Mail Boxes Etc. on April 18, 2002.
Pursuant to notice, respondent’s motion to dismiss was
called for hearing at the Court’s motions session in Washington,
D.C. Counsel for respondent appeared and offered argument in
support of respondent’s motion to dismiss. During the hearing,
respondent offered as an exhibit a document titled “Tracking
Detail” that respondent obtained from UPS’s internet web site.
The document shows that the UPS item assigned tracking number 1Z
003 2XW 01 3045 5533 was delivered to UPS in Rocklin, California,
at 2:34 p.m., on Friday, April 19, 2002.
There was no appearance at the hearing by or on behalf of
petitioners. However, the Court conducted a telephone conference
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