Free Affidavit - District Court of Connecticut - Connecticut

‘ ` - K ase 3:03-cv-00401-MRK Document 47 Filed O3/O9/2004 Page 1 of3
· I 4 I
I UNITED STATES DISTRICT Cwwf
I p DISTRICT OF CONNECTIC E D (
‘ I M4 K) I
crvu. Ac*1¥%N$lso239U3flW W1 ,(CFB’) I
"’\rr·’v I
NEW i1'Mr'§§5». clbbrliiqj
RHEA MILARDO . - I
- I
n vs.
· TOWN OF WESTBROOK,
WESTBROOK POLICE UNION, ?
Local 1257, AFSCME Council 15,
and DOUGLAS_ SENN p
· l

March 4, 2004
Affidavit of David D. Dowd .
I A I
l
r 1. I am a member of the law firm of Curley & Curley, P.C., 27 School Street, Boston,
Massachusetts. I am a member of the bar in the Commonwealth of Massachusetts and
U.S. District Court for the District of Massachusetts. My Connecticut Federal Bar I
Number is CT 20240.
2. I represented the Connecticut Insurance Guaranty Association with respect to this
. matter. The Association assumed certain rights and duties of the insolvent Legion C
Insurance Co., which was one of the liability insurers for the Town of Westbrook. I
3. I was in attendance at a settlement conference in the above—captioned matter on
l
December 5, 2003. This settlement conference was conducted by Magistrate Garfinkle
at the Federal District Courthouse in Bridgeport, Connecticut.
4. At the conclusion of the settlement conference, there was an agreement that a pool of
$50,000.00 was to be created including contributions from Royal Sun Insurance, the
Connecticut Insurance Guaranty Association and AFSCME Council 15. From those
i
r 1
l

U " A ase 3:03-cv-00401-MRK Document 47 Filed O3/O9/2004 Page 2 of 3
I pooled funds, Mr. Quinones was to be paid $25,000.00 and Ms. Milardo was to be paid
$25,000.00. In consideration for these payments, both Mr. Quinones and Ms. Milardo
agreed to withdraw and release all claims against the Town of Westbrook, Douglas =
Senn, the Local Police Union and AFSCME Council 15.
l p 5. A few additional settlement terms were discussed at the settlement conference. One
was that the EEO`policy of the Town of Westbrook would be reviewed, updated as
necessary, and circulated for the benefit of all employees. This term was agreed upon ·
by all parties. Another was that Attorney Phillips would ascertain whether a specific
I Resident State Trooper had ever given a signed statement to the Town’s investigators,
n and if so, this statement would be produced to Ms. Milardo. Again, this provision was
agreed to by all parties.
6. Ms. Milardo’s attorney also proposed that settlement be conditioned upon Ms.
Milardo’s right to participation in certain arbitration proceedings related to the incident
which generated her suit against the Town, et al. This term was rejected by all
Defendants, who were insistent upon cessation of legal proceedings-with Ms. Milardo
upon settlement of this litigation. After discussion with counsel and the Magistrate, I
Milardo agreed to the settlement of claims against the Town, et al. without inclusion of
_ this term.
Signed under the pains and penalties of perjury this M day of March, 2004. \
¤
l
_ Curley & Curley, P.C. i
27 School Street
Boston, MA 02114
. (617) 523-2990/(617)523-7602 fax
— 2 — .
l

- Case 3:O3—cv-OO4®MRK Document 47 Filed O3/Og5004 Page 3 of 3 I
I

CERTIFICATION R
I hereby certify that a copy of the foregoing was mailed, postage—prepaid, on this 8th ,
day of March, 2004, to the foregoing:
I
Charles D. Houlihan, Jr., Esq.
P.O. Box 582 ,
Simsbury, CT 06070 I
Michael Rose I
Alexandria Voccia
Martha Shaw
· Howd and Ludorf
65 Wethersfield Ave.
Hartford, CT 06114
Eric R. Brown, Esq.
AFSCME Council 15 Legal Dept. —
290 Pratt Street I
Meriden, CT 06450 I
I
r" ``nii .4/V ;
Susan M. Phillips I
Commissioner of the Superior Court
I

SUISMAN, SHAPIRO, WOOI., BRENNAN, GRAY Sr GREENBERG, RC. THE. COURTNEY BUILDING, SUITE 200, 2 UNION PLAZA, POST OFFICE BOX |'39I
NEW LONDON, CONNECTICUT 06320 TE.L,|i‘it1O|4¤12-4#1I(1 IURIS NO. 62II¢I