EXHIBIT B
900200.0000l/40124222v. 1
r Case 1 :06-cv-00005-JJF Document 1-4 Filed O1/O3/2006 V Page 2 of 3
BLANl
_ _ Phone: (302) 425-6408 V
Fax: (302) 425-6464 ` A
Email: [email protected] .
_ December 2, 2005
BY HAND U ‘ .
` Sean J. Bellew, Esquire · â€
Cozen O’Com1or _
. 1201 N. Market Street, Suite 1400 .
` Wilmington, DE 19801
· _ ’ ` Re: Norman v. US Mobilcomm, Inc. A
· Dear Sean: I
— This letter constitutes my last effort to initiate a process that will hopefully lead to an ‘
_ _ amicable resolution of the dispute between our clients. It ismy sincere hope that alter reviewing
this letter and re-examining the known facts in an objective manner, your client will realize that
his interests are best served by engaging in meaningful settlement discussion - not costly
litigation. _ _
» Over the course of the past year, my client has made several unconditional offers to
engage in settlement discussions and/or adopt procedures for resolving this dispute through
° ADR. Most recently, I p_ersonally re-extended this offer to you during phone conversations last
month and yesterday. For_ incomprehensible reasons, your client has summarily rejected every
settlement overture and has refused to even engage in settlement discussion. Similarly, despite
· repeated requests, your client—‘the plaintiff — has refused to issue a settlement demand. The
most recent response, received yesterday afternoon, was a statement by your client that he would
refuse to engage in settlement discussions and would immediately Ifile a breach of fiduciary duty
i complaint unless myclient made a "substantial" settlement offer within less than 24 hours.
· Although we believe your client’s recent demand constitutes a badifaith rejection of our .
_ offer to engage in settlement discussions and is no substitute for a meaningful dialogue, as a
show of continued good faith, my client has authorized me to propose the following outline of
settlement: .
Chase Manhattan Centre 1201 Market Street Suite 800 Vlhlmington, DE 19801
i221asQ006011401ss2esv.1 ‘“’â€â€-‘*'a""**°"‘°·°°"‘ _
Delaware • Florida • Maryland • New Jersey • New York • Ohio • Pennsylvania • Washington, DC
i` Case 1 :06-cv-00005-JJF Document 1-4 Filed O1/O3/2006 Page 3 of 3
Y g BLANK—ROMEiu»‘
counsnons Arnxw - .
_ ` Sean I. Bellew, Esquire A i. V
December 2, 2005 '
- Page 2
, · l. Your client would receive a cash payment of $75,000 and iiity percent (50%) of the .
V net proceeds realized by the liquidation of the Company's remaining assets; or
‘ 2. Your client would receive a cash payment of $50,000 and one—hundred percent
‘ (1.00%) of the net proceeds realized by the liquidation of the Company's remaining assets.
. [fthe above outline is acceptable to your client, we can drait a comprehensive settlement
agreement that contains the standard legalese, such as mutual releases, and present that document
as a binding settlement offer that could then be accepted by your client. This letter is not a
binding settlement offer. If your client finds this outline unacceptable, I once again reiterate our
_ desire to engage in meaning settlement discussions and our willingnes to sider ADR options,
including mediation and binding arbitration. i
Your , `
A 1 . , _, / . »
` ' teven L. aponi
- SLC/rst ` p
cc: Mr. David W. Elkin
David Felice, Esquire p
l22138.00601It10158295v.1 i .
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