Pepper Pot Trust, David-Keith Jacobs, Trustee - Page 6

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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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