Tracee Creen - Page 6

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          frivolous and/or groundless statements, contentions, and/or                 
               On at least five separate occasions during July, August, and           
          September 2002, respondent unsuccessfully attempted to contact              
          petitioner through written correspondence for the purpose of                
          preparing this case for trial.  At least during the pendency of             
          the instant proceeding, petitioner has failed to cooperate with             
               On October 7, 2002, this case was called from the Court’s              
          trial calendar (calendar call) at the Court’s trial session in              
          Columbia, South Carolina.  Neither petitioner nor any authorized            
          representative of petitioner appeared.  Counsel for respondent              
          appeared and filed with the Court a motion to dismiss this case             
          for lack of prosecution on those issues in the case on which                
          respondent claims petitioner has the burden of proof.  The Court            
          indicated that the Court would recall this case for hearing on              
          that motion on October 9, 2002.  The Court instructed respondent            
          to attempt to send to petitioner via overnight delivery a copy of           
          respondent’s motion to dismiss for lack of prosecution together             
          with a cover letter advising her that the Court had set that                
          motion for hearing on October 9, 2002, and that the Court would             
          grant respondent’s motion to dismiss for lack of prosecution if             
          petitioner did not appear at that hearing.  At the calendar call,           
          counsel for respondent requested the Court to hold a trial on the           

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Last modified: May 25, 2011