- 7 - than his notarized statement asserting that the statements in the motion for continuance regarding his health were true. Petitioner’s motion for continuance further stated the following: Though I will try, it is unlikely I will be able to make it to trial next week. I have waited until this time to request the continuance because I have been going beyond the call of duty to take the steps that would enable me to make it to trial, at least on a part-time basis. Thus, up until now I fully hoped and expected to make it in to trial. Had the Respondent not waited until just two weeks ago to contact me, Respondent would have learned of my condition, probably from my family members in that I have been sidelined by health issues and may not have been able to follow-up on any communications from Respondent. * * * * * * * Though it may be difficult, painful and/or may require assistance from others, I should be able to respond to any fax on the same day and I should be able to overnight you anything you request. On September 7, 2004, respondent’s counsel appeared at the calendar call and presented a motion to dismiss for lack of prosecution, which the Court filed. There was no appearance by or on behalf of petitioner. On September 7, 2004, we denied petitioner’s motion for continuance and scheduled a hearing on respondent’s motion to dismiss for September 9, 2004. On the afternoon of September 7, 2004, respondent’s counsel faxed a letter to petitioner informing him that the Court had scheduled a hearing on the motion to dismiss for September 9, 2004, and advising him that the Court was likely to dismiss the case for lack of prosecution if he failed to appear at thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011