- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011