David Lee Smith and Mary Julia Hook - Page 12

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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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