David Lee Smith and Mary Julia Hook - Page 15

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          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 have              






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