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Ms. Lacorte’s Appearance
On November 17, 2005, Ms. Lacorte filed an entry of
appearance in each case.
Amended Petitions
On December 16, 2005, approximately 2-1/2 months before
commencement of the Las Vegas trial session, each petitioner
moved for leave to amend petition. Those motions are signed by
Mr. Jones and Ms. Lacorte. The accompanying amended petitions
were lodged with the Court on the same date, and, on December 19,
2005, we ordered respondent to respond to the motions for leave
to amend. On January 5 and 6, 2007, we filed respondent’s
objections to the motions. On January 10, 2006, we granted all
of the motions, and we filed the amended petitions.3 Mr. Jones
executed each amended petition on behalf of the named petitioner.
In each amended petition, petitioner avers numerous
instances of abuse of discretion by the settlement officer; viz,
3 Respondent objected to the motions on, among other
grounds, that the proposed amendments were frivolous or
groundless, provided no basis for relief, and were being raised
solely for the purpose of delay. We granted the motions in light
of the facts before us and the standard set forth in Rule 41(a)
that leave to amend shall be freely given. However, we directed
the attention of petitioners’ counsel to the provisions of Rule
33(b), concerning the effect of signing a pleading (see
discussion of Rule 33(b) infra), and stated: “At the trial of
this case, the Court expects petitioners’ counsel to show that
the claims in the amended petition are well grounded in fact and
otherwise supported as set forth in Rule 33(b). The Court warns
petitioners and their counsel that, if justified, the Court will
not hesitate to impose sanctions and costs as provided for in
section 6673.”
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Last modified: November 10, 2007