David Lee Smith and Mary Julia Hook - Page 5

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          Six days before the scheduled April 29, 2002, Trial Session, the            
          Court received from petitioners a document entitled “MOTION                 
          REQUESTING IMMEDIATE INFORMATION ABOUT TRIAL SETTING, AND, IF               
          NECESSARY, MOTION REQUESTING NEW TRIAL SETTING”.  Said document             
          was filed at the April 29, 2002, Trial Session as “Petitioners’             
          Motion To Continue”.                                                        
               At the trial session, respondent filed a second motion to              
          dismiss for lack of prosecution alleging that since the                     
          continuance from the September 2001 Trial Session, petitioners              
          once more failed to meet or meaningfully communicate with                   
          respondent, as required by the Court’s Orders and Rules.                    
          Respondent’s counsel established that petitioners had been                  
          notified by mail on January 9, 2002, of the need for a meeting              
          prior to the April 29, 2002, Trial Session and a February 5,                
          2002, conference date was set.                                              
               On the night of February 4, 2002, petitioner Hook left a               
          message on respondent’s counsel’s telephone answering machine               
          canceling the conference.  During February 2002, respondent’s               
          counsel served discovery on petitioners, but they did not respond           
          to the discovery requests.  By a March 18, 2002, letter to                  
          petitioners, respondent’s counsel again invited petitioners to              
          confer on April 9, 2002, regarding the April 29, 2002, Trial                
          Session.  In an April 8, 2002, letter, petitioner Hook advised              








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