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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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