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28, 2003, for a time and date certain of 10:00 a.m., May 19,
2003.
On May 16, 2003, petitioners attempted to file a motion
entitled “Petitioners’ Emergency Motion To Strike Trial Date And
Reset Trial” in Washington, D.C., even though petitioners knew
that the Court was sitting in Denver, Colorado, for a 2-week
period beginning May 12, 2003. In that Motion, it was alleged
that each petitioner had been debilitated for approximately 2
weeks and that they were suffering from different illnesses. In
their untimely motion, petitioners advised that they would not
appear on May 19, 2003, at the scheduled trial.
The trial Judge was not made aware of petitioners’
“Emergency Motion” until immediately before the scheduled May 19,
2003, trial setting. On the morning of May 19, 2003,
petitioners’ cases were called, but petitioners did not appear or
send anyone in their stead. Even though petitioners failed to
appear, 10 witnesses (who were current and former employees of
respondent) appeared pursuant to subpoenas issued by petitioners.
Petitioners failed to advise the witnesses not to appear, even
though petitioners knew they did not intend to appear themselves.
Petitioners did not comply with the Court’s Order or Rules and
Procedures as fully outlined in respondent’s Motion to Dismiss
For Failure To Properly Prosecute, filed on the morning of May
19, 2003.
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