J. Thomas and Henrietta A. Hardin - Page 7

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          Respondent’s motion also emphasized that, if petitioners failed             
          to comply with respondent’s discovery request, petitioners’ case            
          could be dismissed under Rule 123 and other sanctions, including            
          a penalty under section 6673, could apply.  The Court issued an             
          Order dated July 28, 2003, ordering petitioners to comply with              
          respondent’s discovery request and scheduling the sanction                  
          portion of the motion for the Louisville trial session.                     
               Respondent’s counsel served his pretrial memorandum with a             
          copy to petitioners on August 22, 2003.  Respondent’s memorandum            
          again addressed the section 6673 penalty that was first advanced            
          in respondent’s motion to compel.                                           
               Petitioners failed to file a pretrial memorandum, and                  
          petitioners failed to prepare their case for trial in violation             
          of this Court’s Standing Pretrial Order.  Petitioners also failed           
          to comply with Rule 91 that requires parties to stipulate to as             
          many facts as possible.                                                     
               On the Thursday before the Louisville trial session,9                  
          petitioner orally requested a motion to continue.  Petitioner               
          explained that his mother was having eye surgery, and he needed a           
          continuance so he could attend to his mother’s medical needs.               
          The Court denied petitioners’ request for continuance and ordered           


               9 As late as the Friday before the Louisville trial session,           
          petitioner steadfastly maintained that he had all the necessary             
          documentation.  He simply needed more time to locate the                    
          “missing” documents.                                                        





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