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Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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"dismissal is proper only when bad faith, negligence or indifference has been<br />

shown. Id. (Petition, pp. 10-11). Even the authority cited by Petitioner concedes<br />

that "consistently dilatory conduct," is sufficient to warrant dismissal. Id. Here,<br />

after Petitioner still had not filed an appropriate appendix more than a year after<br />

commencing the appeal, dismissal was appropriate based on such dilatory conduct.<br />

See id.<br />

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