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On each of these occasions, the cases were continued on the joint
motion (or request) of the parties. On three subsequent
occasions, the cases were set for trial, Standing Pretrial Orders
were served, and the cases were continued on motion of one of the
parties.
On January 15, 2003, the Court issued Orders that, inter
alia, required the parties to exchange all nonstipulation
material, including any schedules, charts, and other documents
that collected or summarized testimony or documents that were for
impeachment purposes, by March 14, 2003, and required the parties
to exchange a list of all documents already in the possession of
opposing counsel.
On August 26, 2003, these cases were set for trial to
commence on February 2, 2004. The parties were directed to
comply with the Standing Pretrial Order that was served on
April 22, 2003, a copy of which was attached.
During trial of these cases on February 4-6, 2004,
petitioners attempted to move into evidence a large number of
documents that had not been provided to respondent until sometime
on or after January 19, 2004. A significant portion of these
documents had not been provided to respondent until the morning
of February 4, 2004. Respondent objected to many of these
documents’ being received in evidence on the grounds that the
documents were hearsay and had not been exchanged in accordance
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