David Lee Smith and Mary Julia Hook - Page 11

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          to fully cooperate in the stipulation of facts in accord with the           
          Court’s Rules and to comply with the requirements of the Court’s            
          Rules and Orders for trial.  Shortly thereafter, respondent moved           
          to consolidate Case I and Case II, and the Court ordered                    
          petitioners to respond or object by January 31, 2003.                       
          Petitioner, in a motion filed February 10, 2003, moved for                  
          additional time to respond, and in a response dated February 19,            
          2003, petitioners contended that the cases should not be                    
          consolidated because they would not be able to prepare for trial            
          by May 12, 2003.  The consolidation motion was granted, and Case            
          I and Case II were not continued from the May 12, 2003, Trial               
          Session.                                                                    
               On April 9, 2003, respondent moved that the trial of the               
          consolidated cases be set to begin on a date certain of May 19,             
          2003 (the second week of the scheduled calendar in Denver,                  
          Colorado), in part to accommodate nine Government employees whose           
          testimony had been subpoenaed by petitioners.  In their April 25,           
          2003, response to respondent’s motion, petitioners requested that           
          the case be scheduled for a date certain on or after October 1,             
          2003.  As a reason for the extended time, petitioner Hook                   
          explained that other matters connected with her law practice had            
          been or were being scheduled during May and through September of            
          2003.  The trial of both cases was set by an Order, dated April             








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