James R. Downey - Page 5

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               On August 31, 2004, respondent’s counsel received a letter             
          and a “Notice of Appeal” from petitioner in which he again                  
          requested a continuance.                                                    
               On September 7, 2004, during calendar call, both                       
          respondent’s counsel and petitioner appeared and were heard.                
          Respondent’s counsel reported that there had been no progress in            
          preparing the case for trial and that petitioner continued to               
          refuse to discuss a stipulation of facts.  Petitioner stated that           
          he could not make any significant progress without counsel.                 
          Respondent’s counsel requested that the case be set for trial               
          during the trial session, noting that petitioner had had                    
          sufficient time to secure counsel and to prepare for trial.  A              
          trial was set for September 10, 2004.                                       
               Subsequently, at petitioner’s request, the case was recalled           
          on September 7, 2004, for a pretrial conference.  During the                
          pretrial conference, petitioner claimed that he had paid expenses           
          for a startup business during 2000 and that he had receipts for             
          the expenses, but he did not produce them.  He also admitted that           
          he was employed as a technical manager for two companies, Enable            
          Vision and Geo Works, that he had received a salary from both               
          companies during 2000, and that he had received a Form W-2, Wage            
          and Tax Statement, from each company.  Petitioner continued to              
          insist that he would not produce documents or appear for trial              
          without counsel.                                                            






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