- 4 - Petitioners filed an Objection to respondent’s motion to dismiss. This matter was called for hearing at the Court’s motions session in Washington, D.C. Counsel for respondent appeared at the hearing and was heard. In contrast, there was no appearance by or on behalf of petitioners at the hearing, nor did petitioners file with the Court a written statement under Rule 50(c), the provisions of which were noted by the Court in its Order setting respondent’s motion for hearing. During the hearing, counsel for respondent informed the Court that respondent had reconsidered his position and concluded that the petition was timely filed with regard to the notices of determination dated July 13, 2001. In particular, respondent asserted that because the petition was mailed to the Court on May 7, 2002, a date within 30 days of the District Court’s April 11, 2002, Order denying petitioners’ motion for reconsideration, the petition was timely filed with regard to the notices of determination dated July 13, 2001. Following the hearing, respondent filed a Supplement to his motion to dismiss. In the Supplement, respondent elaborated on his position with regard to the notices of determination dated July 13, 2001. However, respondent maintained his original position that the petition was untimely with regard to the notice of determination dated August 8, 2001.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011