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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.
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