Nicholas Mack - Page 5




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               The petition in docket No. 26301-06 was filed December 20,             
          2006, and respondent’s answer was filed February 6, 2007.                   
          Initially, petitioner had designated Milwaukee, Wisconsin, as the           
          place of trial, but in March he sought to strike Milwaukee as the           
          place of trial because he considered respondent’s determination             
          to be “fraudulent” and he believed the case would “never properly           
          proceed to trial.”  Around the same time, petitioner moved to               
          have the case dismissed with prejudice on the ground that                   
          respondent’s determination was “frivolous” and without merit.               
          Petitioner’s motions were denied, and over the next few months              
          petitioner sought reconsideration of the denial of his motions.             
               Subsequently, petitioner served requests for admission which           
          respondent answered.  Petitioner filed a motion for summary                 
          judgment that was denied.  Petitioner also sent a final offer to            
          resolve docket No. 26301-06 and subsequently filed a “NOTICE OF             
          REFUSAL TO ACCEPT SERVICE OF COURT’S DOCUMENTS” as he had in                
          docket No. 446-06.                                                          
               Other than an ultimatum of settlement on his terms,                    
          petitioner has not provided respondent with any reason or                   
          argument that would show that respondent’s determinations for               
          2003 and 2004 were in error.  Instead, petitioner has attempted             
          to collaterally attack respondent’s determinations by means of              
          broadly stated assertions that respondent’s determinations are              
          “fraudulent” or “frivolous” and that respondent’s employees are             







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