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It was apparent to the Court that the boxes could not be
received in evidence in the state that they were being offered by
petitioners. The Court required the parties to organize the
records in a manner that would provide for an orderly and
meaningful trial, including any decisions about whether such
documents were relevant and/or otherwise admissible into
evidence.
The trial was recessed for 2 hours, and the parties were
required to go through the individual documents and to organize
them in some reasonable manner. The trial was reconvened after 2
hours, and it appeared to the Court that the parties had made a
limited amount of progress in organizing the documents, so the
parties were required to continue their organization of the
documents and the stipulation process until July 15, 2002, at
10:00 a.m. (approximately 60 days later) when the trial would
resume.
On July 15, 2002, upon the resumption of trial, one of the
first matters brought to the Court’s attention was respondent’s
Motion to Dismiss For Failure To Properly Prosecute, which had
been held in abeyance from the April 29 and May 2, 2002,
hearings. In a July 15, 2002, supplement to his earlier motion
to dismiss, respondent, after reiterating the history up through
May 2, 2002, stated that meetings with petitioners concerning the
organization and stipulation of the contents of the four boxes of
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