Robert Henry Lehmuth - Page 5

                                        - 4 -                                         
               receive $15,000 and their attorney will receive $15,000                
               in attorneys’ fees and costs.                                          
          Mr. Davis signed the settlement agreement on behalf of petitioner           
          and Mr. Sanchez on August 5, 1998.  On the same day, Mr. Davis              
          drafted a letter to petitioner and Mr. Sanchez, stating in part:            
               With great pleasure I enclose for each of you a check                  
               in the sum of $12,500.00 which is the partial payment                  
               you are do [sic] from the Lab Managers Case. You each                  
               have an additional $2,500.00 coming from costs to be                   
               recovered. You also are participants in the Store                      
               Manager Case.                                                          
                    *      *      *      *      *      *      *                       
               As to the Store Manager Case, I don’t know how long it                 
               will take to settle, but I’ll be pushing it as much as                 
               possible. We can still add Store Managers and you can                  
               talk to them about their case, just not yours.                         
          Petitioner received the $12,500 check from Mr. Davis and promptly           
          deposited it in 1998.                                                       
               After receiving and depositing the check for $12,500,                  
          petitioner asked Mr. Davis to send him the remaining $2,500.  Mr.           
          Davis denied the request and informed petitioner that he had                
          withheld $2,500 from both petitioner and Mr. Sanchez to help                
          cover the costs of the store manager case in which they were                
          participating, and that they would receive their $2,500 when the            
          store manager case was resolved.  Contrary to Mr. Davis’s                   
          comments, petitioner was barred from participating in the store             
          manager case by the unequivocal terms of the settlement                     

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011