-23- 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011