Estate of Lucille Abbott Sexton, Deceased, Ann Sexton Peterson, Executor - Page 6




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          the parties’ attorneys.  During the conference call, the trial              
          Judge expressed a generally unfavorable view of the estate’s                
          position in these cases.  After the call, Mr. Harkavy contacted             
          Mrs. Peterson concerning the conference call and explained that             
          the Judge had a negative view of the estate’s position.  Mr.                
          Harkavy recommended to Mrs. Peterson that they should attempt to            
          reinstate the December 1999 settlement offer.  Mrs. Peterson                
          agreed to that course of action based on her belief that “the               
          Judge had already made up his mind”.4                                       
               Mr. Harkavy contacted Mr. Klinghoffer and inquired whether             
          settlement was still possible.  Mrs. Peterson was contacted by              
          Mr. Harkavy at approximately noon on October 3, 2000, and was               
          advised that negotiations were ongoing and that a final decision            
          would have to be made by 5:00 p.m. that same day.  Prior to that            
          time, Mrs. Peterson had learned that the estate’s accountant was            
          being called as a favorable witness for respondent.  Mrs.                   
          Peterson contacted her accountant on October 3, 2000, to garner             
          his support for the estate’s position, but he refused.                      
               Ultimately, on October 3, 2000, Mrs. Peterson called Mr.               
          Harkavy’s office and agreed to the settlement, which ended up               
          being the same as the offer made by Appeals during December 1999.           
          The terms of the settlement agreement were embodied in a                    
          Stipulation of Agreed Issues and signed by Mr. Harkavy on October           

               4 The pretrial Judge is a different Judge from the one who             
          is considering the estate’s motions.                                        




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