- 58 - respondent’s litigating position in response to the mandate of the Court of Appeals in Dixon V--in general, that the mandate requires a 20-percent reduction in deficiencies plus payment of actual attorney’s fees--as a settlement offer. They then elaborate on the terms of that putative offer to their benefit, by assuming it contains both a forgiveness of interest for the 12 years preceding 1992 and a reduction of proposed deficiencies by 62 percent. They conclude by asking the Court to impose this settlement upon respondent. As we decided in an order in these cases dated February 24, 2005, we decline to be put into the anomalous position of compelling a settlement, especially when the “settlement” as set forth by Messrs. O’Donnell and Jones might most generously be construed to be no more than a counteroffer to a position articulated by respondent. Following the remand in Dixon V, the remaining test case petitioners and a representative group of non-test-case petitioners who did not accept respondent’s January 1993 settlement offer (including non-test-case petitioners represented by Messrs. O’Donnell and Jones) have made prodigious efforts to discover and introduce evidence that the Thompson settlement was actually more generous to the Thompsons than is apparent from its formal terms. Whether those efforts have been successful is irrelevant to our disposition of the pending motions for leave. The Thompson settlement as it had become known in 1993 has beenPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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