All Community Walk In Clinic - Page 15

                                         -15-                                         
          Miller.  In this telephonic conference, Mr. Gazi confirmed Mr.              
          Kauffman’s authority to represent petitioners.  In a separate               
          conversation with Mr. Gazi on the evening of May 15, 2003,                  
          Mr. Kauffman went over respondent’s settlement offer and urged              
          that petitioners should accept it; he opined that because of                
          petitioners’ financial situation, they should be able either to             
          work out an offer in compromise or else eventually pursue                   
          bankruptcy.  According to Mr. Kauffman’s testimony, Mr. Gazi                
          authorized Mr. Kauffman to settle the cases.                                
               The next morning, May 16, 2003, Mr. Kauffman telephoned Ms.            
          Miller and advised her that “we’ve got permission to settle and             
          we’ve got an agreement”, pending his review of some documentation           
          and a review of the calculations.  Later that day, after the                
          parties had reported the settlement agreement to the Court in a             
          telephonic conference, Mr. Gazi telephoned Mr. Kell.  According             
          to Mr. Kell’s notes, Mr. Gazi had “called J.K. [Jay Kauffman] and           
          was told continuance granted to 6/30/03.  J.K. and M.M. [Monica             
          Miller] were also told to settle.”  Mr. Kell pointed out to Mr.             
          Gazi “the advantages of settling and then doing a Chapter 7 in              
          three years and a day from the assessment date.”  Mr. Kell and              
          Mr. Gazi had no further communications until November, as                   
          described below.                                                            
               On June 15, 2003 (after the decision documents had been                
          lodged with the Court and shortly before the stipulated decisions           






Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011