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Respondent’s Direct Communication With Petitioners
Petitioners’ attorney, in petitioners’ objection to
respondent’s motion, complains that respondent’s counsel served
the motion for summary judgment directly on petitioners without
providing him with a copy or notice of the motion. The issue,
along with similar complaints he raised at the hearing, is
irrelevant to a decision on the motion for summary judgment, and
is also inappropriate. Mr. Tropper did not enter his appearance
in this case until December 28, 2005; petitioners were pro sese
until that time. The motion for summary judgment was filed
November 10, 2005. By Court Rule, papers and documents are
generally served on the parties unless there is counsel of
record. Rule 21(a) and (b)(2); see also Rule 24(b).
Conclusion
Petitioners have failed to show that there is a genuine
issue of material fact for trial, and respondent’s motion for
summary judgment will be granted.
An appropriate order and
decision will be entered granting
respondent’s motion for summary
judgment.
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Last modified: May 25, 2011