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On October 8, Henderson responded to counsel Schultz's October 7 e-mail <br /> explaining these very things. (See,Exhibit hereto) Henderson explained that the record <br /> was never clarified,and that the record should be clarified. Henderson made clear that he <br /> represented Fontanari and all of the Fontanari entities,whether the LLC was involved,or <br /> not; explained the reasons why the DRMS would not be prejudiced by re-opening the <br /> record; stating his objection to only a 4-day notice for a major bond increase'and, further, <br /> explained Fontanari's counsel's (Beckwith) requests to be present and for a continuance,as <br /> he could not be present. For this, Rule 11 sanctions of an extreme nature are proposed?As <br /> a point of fact, in his Motion to Strike, counsel did not mention that Henderson had replied <br /> to his October 7 e-mail the very next day(Motion to Strike,at II.9,page3)just as the Board <br /> was not informed of Beckwith's three clear statements that he could not be present,his <br /> request for a continuance,and his statement that new counsel had been located who could <br /> appear in September if retained.Importantly, Fontanari's right to be represented was <br /> separate and distinct from any rule requiring representation of a corporate entity. <br /> D. FONTANRIS PRESENCE AT THE HEARING WAS NOT VOLUNTARY; <br /> HIS PRESENCE WAS COMMANDED BY THE NOTICE,AND, <br /> FONTANARI WOULD HAVE LOST PARTY STATUS BY NOT <br /> APPEARING; AT NO POINT DID FONTANARI WAIVE HIS RIGHT TO <br /> APPEAR THROUGH COUNSEL, WHICH HAD BEEN MADE CLEAR TO <br /> DRMS MULTIPLE TIMES <br /> As noted in the Motion to Re-Open, Fontanari's presence was commanded by the <br /> Notice,and, pursuant to the Rules,he would lose party status by making no appearance. <br /> At the hearing, Fontanari did request the right to be represented by counsel and did not <br /> waive the right to be represented in a complex administrative hearing with major <br /> consequences,as was the case here. Fontanari had that right to representation by counsel <br /> pursuant to the APA both as a party,and as a witness.As noted,attorney Schultz conducted <br /> 7 <br />