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The Court took respondent’s Motion under advisement and, by
Order, permitted petitioners until July 3, 2003, within which to
show cause why respondent’s Motion should not be granted and a
decision be entered against petitioners. In a response to an
order to show cause filed July 3, 2003, petitioners, in essence,
presented the following reasons why respondent’s Motion should
not be granted:
(a) Insufficient time to prepare for trial.
(b) Petitioners are lawyers and are not paid to work on
their own cases.
(c) Each petitioner became ill with a different illness, and
in addition, both had laryngitis and were therefore unable to
speak or appear in Court.
(d) When respondent moved for a continuance the Court was
disposed to grant it.
Discussion
Rule 123 of this Court’s Rules of Practice and Procedure
provides that the Court may, at any time, dismiss a case and
enter a decision against a petitioner. As described above,
petitioners have, on several occasions, not been prepared for
trial, although they have been given several opportunities and
almost 2 years to do so. In addition, petitioners have ignored
this Court’s Orders and Rules and protracted these proceedings.
For the reasons stated in respondent’s Motion To Dismiss For
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Last modified: May 25, 2011