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On June 30, 1993, after petitioner had moved the District Court
to reconsider and clarify its rulings, the court affirmed its
rulings stating that petitioner's claims for lost equity, whether
explicitly or implicitly raised, were all dismissed.
On June 2, 1993, after receiving the court's ruling on the
summary judgment motions, Balfour rejected petitioner's $1.86
million offer and offered to settle the litigation for $200,000.
This offer included compensation for lost commissions; it did not
include any compensation for a purported constructive discharge
or physical or emotional injury. Petitioner rejected this offer.
On or about August 26, 1993, petitioner served additional
interrogatory responses upon Balfour's attorney identifying his
damages as follows: (1) $2,118,180 for breach of contract,
(2) $5,848,501 for failure to pay wages, (3) $294,136 for
unlawful deduction from wages, (4) $5,317,121 for conversion of
commissions, (5) $2,497,734 for equity in sales territory, and
(6) $7,968,252 for constructive discharge. Petitioner alleged
that his damages for constructive discharge were: (1) $152,092
for commissions earned before June 14, 1991, (2) $421,440 for
commissions earned after July 1, 1991, through December 31, 1993,
under the AT&T contract, (3) $88,478 for commissions earned from
June 15 through December 31, 1991, under the Prudential contract,
(4) $2,497,734 in earned equity payments, (5) $2,812,508 in lost
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