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On January 21, 2004, petitioner brought to Moffatt the
January 2, 2004, Appeals Office letter.
On April 5, 2004, petitioner filed a motion in limine for an
order “allowing for the following documents to come in as Hearsay
exceptions and/or Hearsay Exclusions, and/or do not constitute
Hearsay at all.” The documents included birth certificates for
VV and SV, and various school and State court documents relating
to one or more of the claimed dependents. See supra note 6.
Attached to the motion was Moffatt’s certificate of service on
Bowe. See Rule 21(b)(1). The motion did not include any
statement that prior notice had been given to Bowe, or any other
of respondent’s counsel, nor did the motion state whether
respondent objected to the motion. See Rule 50(a). On April 6,
2004, the Court calendared the instant case for hearing on
petitioner’s motion in limine at the Court’s May 17, 2004, Los
Angeles trial session.
On April 9, 2004, respondent’s counsel’s office mailed to
Ace a copy of petitioner’s motion in limine “for consideration of
petitioner’s documentation.”
On April 22, 2004, Moffatt called Ace and asked about the
status of the case. Ace explained to Moffatt that she had not
yet looked at the case because the case was not yet scheduled for
trial. Moffatt wanted to know who was respondent’s counsel on
the case. Ace called Area Counsel and learned that no attorney
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