- 15 - expected. Petitioners have been admonished that their failure to prepare for trial and/or comply with this Court’s Orders, Rules and Procedures would result in a default. In each instance where petitioners have attempted to provide explanations of their failure to properly proceed and/or prosecute their cases, their explanations were found to be disingenuous and without foundation. For example, petitioner Hook stated that she did not believe that her case was set for trial, even though so advised by respondent on two different occasions. Petitioner Hook, a lawyer, suggested that it was sufficient that she sent a letter to the Court asking whether her case was set for trial. No such letter has been located. Moreover, none of the Court’s Notices of Trial, Orders, Pretrial Orders, and related matters, that were served on and mailed to petitioners has been returned for failure of delivery. Petitioners, who are practicing lawyers, could have easily determined the status of their cases. On December 13, 2002, petitioners’ consolidated cases were scheduled for trial at the Denver, Colorado, Trial Session that commenced on May 12, 2003. Petitioners were well aware of that date, and yet they did not meet with respondent’s counsel to prepare their cases for trial. Petitioners did not advise respondent or the Court that they did not intend to appear until the eve of trial. Curiously, both petitioners claimed to havePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011