Re Consolidated Pto 2¶

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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From: Brett Ledermeier bledermeier@mmatllaw.com Sent: Tuesday, October 31, 2023 10:40 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,

I am hopeful that you can provide me some insight as to why you refused to sign the PTO which is Court ordered and you are counsel of record. Have you been directed to withdraw? I am not sure what is going on behind the scenes, and I understand you are retained in a limited capacity (as are we) but finalizing this and filing the same prior to the deadline was a joint requirement. I am also waiting on a response from you as to whether or not you have received the authority to contribute an additional $3,000.00 as I remain hopeful that we can amicably resolve this with opposing counsel prior to a jury trial. If you could please provide a response, I would appreciate it.

Brett Michael-Schiff Ledermeier Senior Associate, Real Estate Litigation

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bledermeier@mmatllaw.com bledermeier@mmatllaw.com

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