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in sanctionable conduct. The record does show that petitioner
has been uncooperative in complying with respondent’s reasonable
requests to prepare this case for trial pursuant to this Court’s
Rules and orders. Petitioner failed to respond to respondent’s
numerous pretrial letters seeking informal disclosure of
information. After respondent implemented formal discovery
procedures, petitioner still refused to cooperate and ignored the
Court’s December 12, 2003, Order that he comply with respondent’s
motion to compel discovery of documents. Instead of meaningful
communication or cooperation in preparing for trial, what
respondent received from petitioner, over a period beginning in
September 2002, and continuing until shortly before trial, was a
series of vexatious cartoon-like messages.11
11 For instance, on Jan. 23, 2004, respondent’s counsel
received from petitioner a sheet of paper bearing the handwritten
message, “SURRENDER, DANIEL”, with a smiley-face voice balloon
that says “You mean, I am not the all-powerful Oz?”. Days before
the scheduled Feb. 2, 2004, trial, respondent’s counsel received
from petitioner a similar missive that bore the handwritten
message, “February 2, 2004: The Day You See The Shadow Of
Defeat.”, with a smiley-face voice balloon that says “Is it
Groundhog Day again?”
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