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to be present at that time and be prepared to try the
case. YOUR FAILURE TO APPEAR MAY RESULT IN DISMISSAL
OF THE CASE AND ENTRY OF DECISION AGAINST YOU.
Your attention is called to the Court’s
requirement that, if the case cannot be settled on a
mutually satisfactory basis, the parties, before trial,
must agree in writing to all facts and all documents
about which there should be no disagreement.
Therefore, the parties should contact each other
promptly and cooperate fully so that the necessary
steps can be taken to comply with this requirement.
YOUR FAILURE TO COOPERATE MAY ALSO RESULT IN DISMISSAL
OF THE CASE AND ENTRY OF DECISION AGAINST YOU.
The standing pretrial order states further:
The parties shall begin discussions as soon as
practicable for purposes of settlement and/or
preparation of a stipulation of facts.
* * * * * * *
The Court may impose appropriate sanctions,
including dismissal, for any unexcused failure to
comply with this Order.
* * * * * * *
ORDERED that all parties shall be prepared for
trial at any time during the term of the trial session
unless a specific date has been previously set by the
court.
The instant case was referred for possible settlement to
Appeals Officer Timothy M. Harrigan. Petitioner neither attended
a scheduled settlement conference nor contacted the Appeals
Office to reschedule.
In a letter dated December 20, 2004, respondent requested
information from petitioner and advised petitioner that, if he
failed to respond or appear at trial, respondent would file a
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Last modified: May 25, 2011