Free Answering Brief in Opposition - District Court of Delaware - Delaware


File Size: 14.6 kB
Pages: 1
Date: June 27, 2005
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State: Delaware
Category: District Court of Delaware
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Word Count: 351 Words, 2,183 Characters
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Case 1:04-cv-01516-KAJ

Document 51-8

Filed 06/28/2005

Page 1 of 1 Page 1 of 1

[email protected]
From: To: Cc: Sent: Subject: "Beausoleil, James L." ; "Neiderman, Matt" ; "Taylor, Matthew A." Wednesday, June 22, 2005 1:01 PM RE: Available Money

David, our position is clearly outlined in the Motion. We will withdraw the Motion upon confirmation that your clients have wired the money they owe plus $3,400 to cover the legal fees and costs that MCA has incurred as a result of your clients' bad faith conduct and stalling tactics.
From: [email protected] [mailto:[email protected]] Sent: Wednesday, June 22, 2005 11:22 AM To: Beausoleil, James L. Subject: Available Money

Dear Jim: I have received your motion to re-open. I have a few questions in the hope of resolving this matter: 1. My clients received the stipulation initialed by Mr. Wolfington on June 21 at 7:42 a.m. pst, signed it and faxed it back to Mr. Wolfington at 7:57 a.m. pst that same day. Please confirm Mr. Wolfington's receipt of it. 2. The settlement agreement is expressly contingent upon a release of liability by Irvine Company of the contracting parties and Coast and a written waiver of the non-assignment clause in the Irvine contract. Moreover, the first amendment provides that no payments need to be made until such releases and waivers are provided. My clients have not received any such releases and waivers from Irvine. In light of that, what is your basis for claiming that payment by my clients is overdue? David L. Finger Finger & Slanina, LLC One Commerce Center 1201 Orange St., Ste. 725 Wilmington, DE 19801-1155 Ph: (302) 884-6766 [email protected] www.delawgroup.com
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6/27/2005