[USML Announce] USML - Planning for 2009

[jhwinick at aol.com]

Professor and Brad Lee,

The parties?mediated the dispute?two weeks ago.? I came prepared with a 25 page mediation statement and 200+ pages of supporting documentation.??Esteemed opposing counsel arrived with a 2 page mediation statement in which he asserted that notwithstanding any "evidence" that Mr. Winick might offer, it should all be evaluated and dismissed in light of the vast conspiracy to which I was a willing participant.? As far as I could tell the "smoking gun" supporting?the conspiracy theory is that the terminated general contractor was replaced by a general contractor?headquartered in the state of Florida and the individual who made the decision to terminate them had attended college at the University of Florida.? Needless to say, the mediation ended quickly.

The clincher was the phone call this week when opposing counsel told me that his client is judgment proof and will fight this case to the finish unless paid in full because he has nothing to lose.? Mind you, the amounts that his client is seeking are dwarfed by the damages sought by my client.? 

I've got another case set for trial in LA in early April.? I didn't mention that as a conflict because it will almost certainly settle.? This one won't.? Sorry.

Jeff


-----Original Message-----
From: Andrew Klein <anrklein at gmail.com>
To: USML Announcements <announce at usml.net>
Sent: Fri, 28 Nov 2008 10:30 am
Subject: Re: FW: [USML Announce] USML - Planning for 2009


I agree with Brad. And if B
rad and I can agree, then so can Winick and his opponent.?
?
-Andy?
?
Brad Jansen wrote:?
> Jeff:?
> Settle.?
> Brad Lee?
>?
> > On 11/23/08, *jhwinick at aol.com <mailto:jhwinick at aol.com>* > <jhwinick at aol.com <mailto:jhwinick at aol.com>> wrote:?
>?
> Unfortunately March 29th doesn't work for me. I've got a trial?
> starting in Seattle on the 30th and will have to leave for Seattle?
> some time during the week before.?
>?
> Can we go the prior weekend??
>?
> As for stat services, I wasn't too impressed with CBS and am?
> investigating some aternatives. Ill report back soon.?
>?
> Jeff?
> Sent from my BlackBerry? wireless handheld?
>?
> -----Original Message-----?
> From: "JOHN FRUIT, FAF ADVISORS INC." <jfruit1 at bloomberg.net?
> <mailto:jfruit1 at bloomberg.net>>?
>?
> Date: 23 Nov 2008 11:39:08?
> To: <announce at usml.net <mailto:announce at usml.net>>?
> Subject: Re:FW: [USML Announce] USML - Planning for 2009?
>?
>?
> March 29 should be fine by me, but I would like to reserve the?
> right to phone in?
> remotely as Jim did last year...it didn't seem too much an?
> inconvenience. jf?
>?
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