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On April 20, 2003, Messrs. Wolfe and Mansour submitted an
unsolicited response to respondent’s opposition to Mr. McCarthy’s
motion to withdraw, which they supplemented 2 days later. Both
the original and supplemental submissions addressed the question
of whether the settlement should be enforced. Attached to the
original submission was an affidavit signed by Mr. Wolfe, in
which Mr. Wolfe stated that Mr. McCarthy had signed the
stipulation of settled issues without his or Mrs. Wolfe’s
authorization. Mr. Wolfe stated in the affidavit that he had
advised Mr. McCarthy on March 11 that there were unagreed issues,
that no settlement was authorized until those issues were
resolved, and that Mr. McCarthy advised him that he would obtain
concessions from respondent on those issues. Mr. Mansour signed
the submissions on behalf of WFO, identifying himself as WFO’s
secretary.4 Mr. Wolfe signed the submissions on his own behalf.
Mrs. Wolfe did not sign these submissions; instead, Mr. Wolfe
signed her name, writing “(by POA)” next to the signature.
On April 21, 2003, Mrs. Wolfe, under pressure from Mr.
Wolfe, agreed to sign two affidavits, one on behalf of herself
and one on behalf of WFO, to the same effect as Mr. Wolfe’s
4 Attached to the submission were two documents fashioned as
Notices of Entry of Appearance (dated Apr. 9 and 14, 2003,
respectively) in which Mr. Mansour purported to “enter an
appearance” as the representative of WFO in his capacity as its
secretary.
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