Gavin Polone - Page 18

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          Petitioner’s 1996 Litigation Against UTA                                    
               On Monday, April 22, 1996, petitioner met with Mr. Ostroff             
          to discuss his legal claims against UTA.  Mr. Ostroff prepared a            
          draft complaint that alleged the following claims against UTA:              
          Defamation, intentional infliction of emotional distress,                   
          intentional interference with prospective economic advantage,               
          invasion of privacy, wrongful termination, and breach of contract           
          (the complaint).  Petitioner’s primary concern was to “clear his            
          name”.  He wanted UTA to retract what UTA had said and to                   
          apologize.  Petitioner and Mr. Ostroff wanted to resolve                    
          petitioner’s claims against UTA as quickly as possible in order             
          to mitigate the damages to petitioner’s reputation.  Petitioner             
          was also concerned that UTA had the resources to make litigation            
          of these claims very expensive, that litigation would tie up his            
          life and ruin any chance he had of starting a new career, and               
          that UTA might fabricate more (and worse) stories about him.                
               That same day, Mr. Ostroff sent a letter to UTA that, among            
          other things, asserted legal claims against UTA based on UTA’s              
          alleged unlawful and tortious actions and demanded that (1) UTA             
          cease and desist from making further defamatory statements                  
          regarding petitioner, (2) UTA allow petitioner access to his                
          personal files, and (3) UTA pay petitioner all of his earned but            
          unpaid wages.  Mr. Ostroff also proposed a meeting by the                   
          afternoon of Tuesday, April 23, 1996.  Petitioner hoped that UTA            
          would admit that UTA had made a “massive mistake” and apologize.            




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