Ralph W. Emerson and Suzanne O. Emerson - Page 7

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          to reach settlement.  After the mediation, there were several               
          telephone conversations, facsimile exchanges, and correspondence            
          among Judge Gilbert and counsel for both parties regarding the              
          specifics of the settlement.                                                
               On July 21, 1998, petitioner’s counsel sent to the                     
          defendants’ counsel a package including the settlement agreement,           
          a stipulation to amend the complaint, a second amended complaint,           
          and a signed dismissal for both the complaint and the cross-                
          complaint.  Petitioner’s counsel included a cover letter to this            
          package stating:                                                            
                    Per our discussion a couple of months ago, we are                 
               simply amending the complaint prior to dismissal to                    
               comply with accounting advice we have received.  It has                
               no operative effect whatever on the settlement.                        
                    You can forward the dismissals to the Clerk with                  
               the instructions to enter the dismissals after the                     
               stipulation is signed and the amended complaint is                     
               filed * * *                                                            
               The settlement agreement was signed by petitioner on                   
          July 20, 1998, and by the defendants on August 6, 1998.  The                
          other three documents in the settlement package were dated in               
          July 1998, but were not received by the court until October 13,             
               The settlement agreement referred to the complaint and the             
          two amended complaints by stating that petitioner sought damages            
          for breach of contract and several causes of action including               
          infliction of emotional distress and personal injury.  The                  

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