Arvin E. Mitchell - Page 6

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          ENTRY OF DECISION AGAINST YOU.”  A standing pretrial order dated            
          April 1, 2004, was also sent to petitioner, which specifically              
          stated that “The parties shall begin discussions as soon as                 
          practicable for purposes of settlement and/or preparation of a              
          stipulation of facts”; “Continuances will be granted only in                
          exceptional circumstances”; and “The Court may impose appropriate           
          sanctions, including dismissal, for any unexcused failure to                
          comply with this Order.”                                                    
               By letters dated May 26 and July 1, 2004, respondent                   
          requested that petitioner produce documents to support his                  
          position with respect to the deficiencies at issue, but                     
          petitioner did not respond to the letters.  On or about August              
          20, 2004, respondent mailed to petitioner copies of respondent’s            
          pretrial memorandum and respondent’s proposed motion to dismiss             
          for lack of prosecution.                                                    
               On September 3, 2004, the Friday afternoon before the                  
          September 7, 2004, calendar call, petitioner faxed to respondent            
          a motion for continuance and a response to respondent’s motion to           
          dismiss.  On the day of the calendar call, the Court received by            
          overnight mail copies of petitioner’s motion for continuance and            
          response to respondent’s motion to dismiss, both of which we                
          filed on September 7, 2004.  Petitioner cited medical problems as           
          the reason for his requesting a continuance but did not provide             
          any documentation to prove the existence of a medical condition             
          that would prevent him from attending the scheduled trial, other            




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