Re Consolidated Pto 1¶

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

11625 Rainwater Drive | Ste 125 | Alpharetta, Ga 30009 Direct: 404.365.4564

Main: 770.200.7000

bledermeier@mmatllaw.com bledermeier@mmatllaw.com

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From: David Atkinson David.Atkinson@swiftcurrie.com Sent: Tuesday, October 31, 2023 11:21 PM To: Brett Ledermeier bledermeier@mmatllaw.com Cc: Tania Tuttle ttuttle@mmatllaw.com; Darcy A. DeFruscio 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 request a defense. I am not coverage counsel, and have not specifically discussed this with him, but Jeff does not seem to think that there are any covered claims in light of what is stated in the pretrial order with resect to the relief plaintiff is requesting.

As I have stated before, Travelers is not going to contribute any money to settle the case.

In my opinion, there has been too much concern over submitting a pretrial order today based on something stated in a scheduling order months ago. The case is not on a trial calendar and there is no court order specifically directing us to submit a pretrial order. I have been trying cases since 1991. I have been to numerous pretrial calendars where the parties have not submitted a pretrial order, despite a court order specifically requiring them to do so. In every single case, including a couple I have been involved in, the judge asked when the parties can get a consolidated pretrial order submitted. I have never seen consequences beyond that, although there are few judges Jane Morrison being the example who comes to mind whose orders setting pretrial conferences state that cases will be dismissed or answers truck if the PTO is not submitted on time. No judge is going to prepare their own pretrial order, which I understand you mentioned to Jeff, and no judge in my experience will adopt a pretrial order submitted by one party without the input of the other side. The rules require a consolidated order. I have had plaintiffs lawyers submit an order on their own a couple of times, and I have never seen a judge sign one. So, this all seems like much ado about nothing to me. I also think there is a decent chance Ms. Zeeman will finally realize she has a good offer and settle.

Jeff told me that the insurer which hired Cruser & Mitchell offered $7000. Thats more than twice what you requested from Travelers.

I would encourage everyone to get this settled.

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

404.888.6166

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