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frivolous and/or groundless statements, contentions, and/or
arguments.
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
respondent.
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