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effectively conceded the corporate case”, the settlement proposal
would require a full concession by petitioner in that case. The
letter stated that the settlement proposals were final and would
be withdrawn unless accepted on or before May 2, 2003.
On April 30, 2003, Mr. Kauffman contacted Ms. Miller,
advising her that he was unable to reach petitioners, having lost
contact with them. He requested an extension of the settlement
offer deadline. Ms. Miller offered to help locate the Gazis’
address and agreed to extend the settlement offer deadline on the
condition that Mr. Kauffman express mail to the Gazis the
settlement proposal and the notice setting the case for trial.
On May 2, 2003, Mr. Gazi received from Mr. Kauffman the
April 10, 2003, settlement proposal and notice of the May 19,
2003, trial session. Mr. Gazi immediately called Ms. Miller,
explaining that he had just received the package and that Mrs.
Gazi was very ill.7 Ms. Miller told him that he should call his
attorney and that the settlement offer had been extended to
May 5, 2003.
Mr. Gazi then contacted Mr. Kauffman. He told Mr. Kauffman
about his wife’s medical condition and said that they did not
want to settle; they wanted to go to trial. Mr. Kauffman advised
7 Sometime in February or March 2003, Mrs. Gazi had been
hospitalized and diagnosed with carcinoid syndrome.
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