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Respondent filed an answer in each of these cases denying
all errors alleged by the trusts. The Court sent a Notice
Setting Case for Trial and Standing Pretrial Order to each trust
on October 8, 2002. The Standing Pretrial Order states in part:
“YOUR FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CASE AND
ENTRY OF DECISION AGAINST YOU.”
D. Respondent’s Discovery Requests
On November 21, 2002, respondent informally asked the trusts
to answer questions and produce documents. The trusts failed to
respond to respondent’s requests.
On December 13, 2002, respondent again wrote to each trust
requesting informal discovery and warning them that respondent
might seek an award of damages under section 6673 if they
continued to maintain frivolous positions.
On December 20, 2002, respondent served on each trust
interrogatories and a request for production of documents.
Respondent sent to each trust a request for admissions on
December 23, 2002. Jacobs’s only response to the request for
admissions was that “The trustee does not have enough information
to admit or deny.”5 No other responses to respondent’s request
for admissions were filed on behalf of any of the trusts in these
cases.
5 Jacobs did not file the responses as required by Rule
90(c).
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Last modified: May 25, 2011