John T. Higginbotham - Page 5

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          his recent hospitalization.  The Court ordered petitioner to file           
          a written motion for continuance, supported by a doctor’s                   
          statement, by the end of the business day on March 8, 2005.                 
          Petitioner did not file a written motion at that time, nor did he           
          attend the March 14, 2005, trial session.  At trial, respondent             
          moved to dismiss for lack of prosecution, and the Court granted             
          the motion.                                                                 
               In a letter to the Court dated March 10, 2005, petitioner              
          requested a continuance.  Petitioner’s March 10, 2005, letter was           
          filed on March 14, 2005, as petitioner’s motion for continuance.            
          On March 29, 2005, petitioner supplemented his motion for a                 
          continuance with a letter from his doctor stating that petitioner           
          was disabled and bedridden.  By order dated April 5, 2005, the              
          Court vacated its oral direction on the record granting                     
          respondent’s motion to dismiss, denied the motion to dismiss, and           
          granted petitioner’s motion for a continuance.  The April 5,                
          2005, order specifically warned petitioner that “No further                 
          continuances will be granted, barring unusual circumstances” and            
          scheduled the case for trial during the Court’s New York, New               
          York, trial session beginning on June 13, 2005.                             
               By letter dated May 12, 2005, respondent scheduled a                   
          conference with petitioner for May 26, 2005, to discuss the                 
          preparation of a stipulation of facts in anticipation of the June           
          13, 2005, trial.  In the letter, respondent stressed the                    






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