At the hearing on the Department's motion for sanctions, and to vacate the order quashing the subpoena of Wells Fargo records, no party other than the Department showed up.
The Judge vacated his order quashing the subpoena. The State is now free to proceed with the production.
As a sanction for violating his order to provide discovery, the judge "deemed admitted" the Requests for Admission previously filed by the State. He also directed me to provide a proposed order giving defendants Thomson, Cabezud and Nagel 10 days to show cause why their answers should not be stricken. I have sent him the proposed order, and copied it to the other parties.
Counsel for Thomson, Cabezud and Nagel filed various motions on Friday, March 12. He has asserted the bankruptcy stay in an effort to avoid the actions against Cabezud. He has moved for a protective order to prevent the depositions of Thomson, Cabezud and Nagel that are currently set for the end of this month. He moved to withdraw as counsel for the three defendants. He also objected to the proposed order to show cause.
Counsel for defendants noticed the motion to withdraw for Monday, April 5, 2010, at 2:30 PM.
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