- 5 - 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 advisedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011