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McCarthy then sought and obtained authority to sign the
stipulation of settled issues once it was revised to reflect
respondent’s concessions on penalties.
Mr. McCarthy communicated the acceptance to Mr. Neubeck and
signed the revised stipulation of settled issues later that
afternoon. Mr. Wolfe went to Mr. Neubeck’s office after leaving
Mr. McCarthy’s office and thanked him for his cooperation in
settling the cases. Late on the afternoon of March 11, 2003,
counsel faxed the signed stipulation of settled issues to this
Court. We canceled the trial and issued an order requiring the
parties to file stipulated decision documents no later than May
12, 2003. Counsel filed an original signed version of the
stipulation of settled issues with the Court on March 13, 2003.3
II. Efforts To Repudiate the Settlement
Shortly after the trial was canceled, Mr. Mansour convinced
Mr. Wolfe that petitioners should not have agreed to the
settlement, and Messrs. Wolfe and Mansour began their efforts to
repudiate it. Mr. Wolfe first instructed Mr. Mansour to write
Mr. McCarthy, then followed up with his own letter, requesting
3 Counsel faxed a signed copy of the stipulation of settled
issues to the Court on Mar. 11, 2003, pursuant to our requirement
that they do so as a condition of canceling the trial. However,
this version (dated March 11) contained both original and faxed
signatures. To provide a document with original signatures for
filing, counsel re-signed the stipulation of settled issues on
Mar. 12, 2003. They forwarded the March 12 original to the
Court, and it was filed on Mar. 13, 2003.
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