Geoffrey K. Calderone, Sr. - Page 10

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          that he would withdraw as counsel; copies of this letter were               
          sent to petitioners and to Hesselbacher.  On September 19, 2001,            
          Jacob sent another letter to respondent in which he indicated               
          petitioners’ desire to settle their cases, but stated again that            
          if settlement could not be reached, he would withdraw.                      
                On September 25, 2001, the Court held another conference              
          call with all counsel.  At that time, respondent’s counsel                  
          informed the Court that Jacob had been involved in planning the             
          transaction, that he was a necessary witness whom they                      
          anticipated calling at trial, and that they were preparing to               
          file a motion under Rule 24(g) to disqualify him.  The Court                
          indicated that any such motion, if filed, would be heard at the             
          calendar call.  On September 25, 2001, following the conference             
          call, respondent and Jacob discussed settling the cases, and                
          respondent faxed to Jacob drafts of a proposed stipulation of               
          settled issues for each of the cases.  The next day, Jacob sent a           
          letter to respondent in which he acknowledged receipt of the                
          proposed stipulations of settled issues and requested some                  
          changes; copies of this letter were sent to petitioners and to              
          Hesselbacher.  Geoffrey received a copy of this letter.                     
                On September 26, 2001, counsel for the parties reached a              
          tentative basis for settlement, of which they informed the Court            
          during a conference call held later that day.  Hesselbacher and             







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