All Community Walk In Clinic - Page 23

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          petitioners’ theory implausible in light of the evidence.  It is            
          true that Mr. Kell’s contemporaneous notes indicate that on                 
          May 16, 2003, Mr. Gazi told Mr. Kell that there was a “continuance          
          granted to 6/30/03”.11  According to these same notes, however, Mr.         
          Kauffman and Ms. Miller “were also told to settle.”  Although it            
          is unclear from these notes exactly who “told” Mr. Kauffman and             
          Ms. Miller to settle, on the basis of all the evidence we believe           
          it most likely was Mr. Gazi.  The evidence clearly shows, contrary          
          to petitioners’ allegations, that Mr. Gazi expected Mr. Kauffman            
          and Ms. Miller to settle the cases--a conclusion that is                    
          reinforced by the immediate cessation of communications between             
          Mr. Gazi and Mr. Kell and the absence of any evidence that                  
          petitioners were doing anything to prepare for the new trial date           
          that Mr. Gazi supposedly believed was only a month away.                    
               Petitioners do not now dispute that Mr. Kauffman traveled              
          from Florida to Baltimore to visit Mr. Gazi and his son on June             
          15, 2003.12  We find credible Mr. Kauffman’s testimony that the             


               11 June 30, 2003, was the deadline requested by the parties            
          for submitting stipulated decisions in these cases.  We surmise             
          that the “continuance” referred to in Mr. Kell’s notes relates to           
          this deadline beyond the scheduled trial session.                           
               12 In an affidavit attached to petitioners’ memoranda in               
          support of the motions for leave to file motions to vacate, Mr.             
          Gazi averred that the meeting with Mr. Kauffman occurred in April           
          2003, before petitioners had received respondent’s settlement               
          offers.  Petitioners appear to have abandoned this version of the           
          facts.  Petitioners’ inconstancy with regard to this and other              
          significant factual allegations undermines their credibility.               




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