Jerry and Patricia A. Dixon, et al. - Page 104

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          ordered the parties to file status reports regarding subsequent             
          disposition of the cases.  The responses displayed various                  
          disagreements between respondent and petitioners concerning not             
          only the scope of the remedy, but the manner of its                         
          implementation.  For example, the status report of petitioners’             
          counsel Henry Binder states:  “Respondent does not come to this             
          Court’s fashioning of the equitable remedy ordered by the Ninth             
          Circuit with clean hands and, therefore, has no standing to argue           
          the terms or scope of that remedy.”31  The Court conducted status           
          conferences in Houston, Texas, in August 2003 and in Los Angeles,           
          California, in September 2003 to address petitioners’ attempts to           
          settle the cases.  The conferences resulted in no settlement.               
               The parties then engaged in protracted motions practice                
          regarding assertions of privilege by respondent as to some                  
          matters sought in discovery and regarding the award of attorney’s           
          fees claimed by counsel for petitioners.                                    
               On April 5, 2004, petitioners filed motions for an                     
          evidentiary hearing.  Thereafter, at the behest of the parties,             
          the Court directed further discovery and conducted further                  
          hearings.  The first hearing took place at Las Vegas, Nevada, in            


          31Having considered certain issues raised in the status                     
          reports, this Court issued an order dated June 12, 2003,                    
          indicating it was “not inclined to consider attempts to                     
          disqualify counsel” in any of the cases at issue.  We                       
          additionally stated:  “This Court is not inclined to seek                   
          appointment of counsel from the United States Department of                 
          Justice to represent respondent in these cases”.                            




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