Gregory Drake - Page 22

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          aforementioned documents, however, were at any time signed by Mr.           
          Burke, Barbara Drake, Darren Drake, Gregory Drake, Jr., or                  
          petitioner.                                                                 
               Petitioner and respondent each referenced the global                   
          settlement negotiations in the status reports that we ordered to            
          be filed with this Court by January 6, 2006.  Petitioner’s status           
          report stated that “counsel have undertaken extensive                       
          negotiations to resolve the subject matter and believe that they            
          have achieved a basis for settlement.”  Respondent’s status                 
          report stated that the “parties have engaged in settlement                  
          negotiations in an attempt to resolve petitioner’s outstanding              
          income tax liabilities.  As of this date, the parties have not              
          resolved the outstanding income tax liabilities but negotiations            
          are on going.”                                                              
               In a letter to Mr. Burke dated January 13, 2006, Attorney              
          Forbes stated as follows:  “As of this date, the terms of the               
          settlement have not been accepted by your client and related                
          parties.  * * *  We are hereby withdrawing the proposed January             
          6, 2006 settlement unless Barbara Drake agrees to the vacatur of            

               12(...continued)                                                       
          “petitioner and respondent will resolve the liabilities that are            
          the subject of this action in accordance with the terms of the              
          December 20, 2005, letter from respondent to petitioner’s                   
          counsel, Timothy J. Burke.”  The proposed waiver stated, inter              
          alia, as follows:  “In accordance with the December 20, 2005                
          letter from [Attorney Cardone to Mr. Burke] and pursuant to their           
          agreement with the terms of that letter, Gregory Drake, Jr., and            
          Darren Drake, hereby waive any and all claims * * *.”                       





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