-14-
The morning of May 15, 2003, Mr. Gazi faxed a letter to Mr.
Kell and Mr. Kauffman, addressed “Dear Mark and Jay”, in which he
complained that respondent’s revenue agent had made “repeated
mistakes” in her report. Mr. Gazi’s letter stated: “We have to
restart the whole case”.
The afternoon of May 15, 2003, Mr. Kauffman faxed to Ms.
Miller written motions to continue these cases, attaching the
physicians’ letters he and Ms. Miller had received from Mr. Gazi.
The motions to continue were never filed with the Court. The
facsimile transmission to Ms. Miller also included written
motions by Mr. Kauffman to withdraw as counsel in these cases.
The motions to withdraw as counsel, which were never filed with
the Court, state that petitioners owed Mr. Kauffman over $20,000,
that on May 5, 2003, Mr. Kell had informed Mr. Kauffman that
petitioners were retaining him as counsel, and that on May 14,
2003, Mr. Kauffman spoke with Mr. Gazi “who confirmed that Mr.
Kell had been retained. During the conversation irreconcilable
differences arose between the petitioner and Kauffman making it
impossible for Kauffman to continue his representation.” The
motion quotes respondent’s supplemental status report, dated May
12, wherein Ms. Miller had stated: “petitioners’ former counsel
is no longer authorized to act on behalf of petitioners”.
Shortly after faxing these documents to Ms. Miller, Mr.
Kauffman had a telephonic conference with Mr. Gazi and Ms.
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