Re Consolidated Pto 5¶

I will let you know if we are instructed to withdraw.  I can definitely confirm that I have no authority to contribute to settlement.



I apologize if I was short with you or anyone else today.  I am extremely busy and cannot believe that we are still discussing a case that was essentially settled last year  largely due to your expertise and excellent work at the mediation.  Part of the problem appeared to be insurance defense counsel hired to defend the counterclaim (who seemed intent to bill some time on this matter) and the personalities of the parties did not seem to help.  I think if you sit back  which is what I was trying to do  this matter will likely settle.



I hope your son enjoyed Halloween.



-David





David Atkinson <http://David.Atkinson@swiftcurrie.com/> 

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From: Brett Ledermeier <bledermeier@mmatllaw.com> 
Sent: Tuesday, October 31, 2023 11:28 PM
To: David Atkinson <David.Atkinson@swiftcurrie.com>
Cc: Tania Tuttle <ttuttle@mmatllaw.com>; Darcy A. DeFruscio <ddefruscio@mmatllaw.com>
Subject: RE: CONSOLIDATED PTO



David, 



Thank you for your response. I understand that in practice a PTO must be consolidated and that there might or might not be any consequence, but in my practice I prefer to follow a Court Order  especially when the staff attorney is rather explicit in how closely the progress is being tracked. As for the $7,000.00 from the insurer, I have never heard that before and Jeff and I have spoken several times per day over the last few weeks. As we discussed, the $7,000.00 would come from a combination of $4,000.00 in additional authority on my end and the requested $3,000.00 from your end. While, in the past, you have said that you would not contribute, it was my understanding that you submitted a request and the response remained pending. 



It isnt relevant for this discussion, but I would appreciate some transparency given our prior conversations. I too agree that this case should settle, but I have no more control over that than you do (or anyone aside from the client). If settlement is possible, I will let you know. 



I emailed the staff attorney today to indicate that there were conflicts the week of November 13th and requested a timeline/anticipated trial date. If we hear back, I will update you. Finally, if you are withdrawing as counsel, please let us know. 



Brett Michael-Schiff Ledermeier 
Senior Associate, Real Estate Litigation


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From: David Atkinson <David.Atkinson@swiftcurrie.com <mailto:David.Atkinson@swiftcurrie.com> > 
Sent: Tuesday, October 31, 2023 11:21 PM
To: Brett Ledermeier <bledermeier@mmatllaw.com <mailto:bledermeier@mmatllaw.com> >
Cc: Tania Tuttle <ttuttle@mmatllaw.com <mailto:ttuttle@mmatllaw.com> >; Darcy A. DeFruscio <ddefruscio@mmatllaw.com <mailto:ddefruscio@mmatllaw.com> >
Subject: RE: CONSOLIDATED PTO



Jeff asked that I not participate in the trial.  I think he is thinking too many cooks in the kitchen.  He is also concerned that the Judge might call us to trial even if he has a conflict based on the number of law firms representing Ms. Zeeman.  Also, I am not sure that Ms. Zeeman will continue to re