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the record. The Court specifically asked petitioner whether she
agreed to settle the case on the recited basis, and petitioner
agreed as follows:
MR. LOPATA [Respondent’s counsel]: Good morning, Your
Honor. I’m happy to say that we have reached a basis of
settlement in this case, and we would like to read that
basis into the record at this time.
THE COURT: That’s fine. After you do that, I’ll -–
Ms. Mitchell, I’ll ask you if you agree to settle the case
on the basis that he has stated.
MS. MITCHELL: All right.
* * * * * *
MR. LOPATA: * * * I believe that summarizes our basis
for settlement of this case, Your Honor.
THE COURT: That covers all the issues that have been
in dispute?
MR. LOPATA: I believe so, Your Honor.
THE COURT: Ms. Mitchell, do you agree to settle the
case on that basis?
MS. MITCHELL: Yes, I do.
The Court ordered that the parties provide the Court with a
decision document reflecting the settlement by May 21, 1998.
Petitioner and respondent met in early June 1998, to review
the settlement computations. After petitioner failed to return
the decision document to respondent, respondent called petitioner
on September 9, 1998, to arrange a meeting for September 14,
1998. At the meeting, petitioner refused to sign the stipulation
and decision documents even though petitioner agreed that the
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