- 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 agreement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011