- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011