Free Affidavit - District Court of Connecticut - Connecticut

I ,'· Case 3:03-cv-OO4E§MRK Document 46 Filed O3/05/2004 Page 1 of 4
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UNITED STATES DISTRICT COURT jr. __
DISTRICT OF CONNECTICUT ` if ,·;~· j
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RHEA MILARDO : CIVIL IAQTIQN NOT] fyi I
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TOWN OF WESTBROOK, I
WESTBROOK POLICE UNION, :
Local 1257, AFSCME Council 15,
and DOUGLAS SENN : FEBRUARY 27, 2004 p
AFFIDAVIT OF ERIC R. BROWN
IN SUPPORT OF MOTION TO ENFORCE SETTLEMENT AGREEMENT
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1) I am over the age of eighteen (18) and I understand the obligations of an oath. j
2) I am an attorney with AFSCME Coucnil 15 Legal Dept..
3) I represent the defendant Westbrook Police Union, and AFSCME Council 15 in the above
captioned matter.
4) I was in attendance at a settlement conference in the above captioned matter on December
5, 2003. This settlement conference was conducted by Magistrate Garfinkle at the Federal
District Courthouse in Bridgeport, Connecticut.
5) This settlement conference was attended by: the plaintiff, Rhea Milardo; her attorney,
Charles Houlihan; John Bennet, the Town Attorney for the Town of Westbrook, David Dowd, a e
representative of the Connecticut Insurance Guaranty Association the successor to the Town of
Westbrook’s insurer, Legion Insurance; Michael Rose of Howd & Ludorf as counsel for
defendant Douglas Senn; and Sue Philips, attomey for Town of Westbrook.
6) The Milardo settlement conference was conducted jointly with a settlement conference in
Benjamin Quinones v. Town of Westbrook, et al., (Docket No. 3:03 cv777 (CFD)) a case arising
out ofthe same factual scenario and involving many of the same parties. Additional attendees at
the settlement conference who were present at the time the final settlement was reached in both
cases included: Mark Kendall, Assistant Attorney General; Peter Roxo, a representative from
Royal Sun Insurance, which was the Town’s insurer for the Quinones claim; Benjamin Quinones;
and Mr. Quinones’ attorney, A. Paul Spinella.
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. ’ —` Case 3:03-cv—0O4@jV|RK Document 46 Filed 03/855004 Page 2 of 4 l
7) At the conclusion of the settlement conference there was an agreement that a pool of
$50,000 was to be created including contributions from Royal Sun Insurance, the Connecticut
Insurance Guaranty Association, and AFSCME Council 15. From these pooled funds, Mr.
QUInones was to be paid $25,000 and Ms. Milardo was to be paid $25,000. In consideration for
these payments, both Mr. Quinones and Ms. Milardo agreed to withdraw and release all claims Q
against the Town of Westbrook, Douglas Senn, and the Local Police Union and AFSCME .
cormai is. p
8) 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 l
circulated for the benefit of all employees. This term was agreed upon by all parties. Another ,
was that the undersigned would ascertain whether a specific Resident State Trooper had ever l
given a signed statement to the Town’s investigators, and if so, this statement would be produced r
to Ms. Milardo. Again, this provision was agreed to by all parties. l
9) The final additional settlement term proposed by Ms. Milardo’s attorney was that Ms.
Milardo be allowed to testify at an upcoming grievance arbitration in which Mr. Senn (the alleged
harasser) was grieving his termination from employment with the Town of Westbrook. This
proposed settlement term was rejected by all defendants and ultimately Ms. Milardo agreed to the
settlement of her claims against the Town, the Police Union and Mr. Senn without inclusion of
this term. p
10) Following this settlement conference, on or about January 8, 2004, the undersigned
forwarded plaintiffs attorney a copy of the settlement agreements drafted to memorialize the I
agreement reached on December 5, 2003. (See Exhibit A.) I
11) On or about January 14, 2004, plaintiff s attorney requested additional copies ofthe |
settlement documents (see Exhibit B), which the undersigned supplied under cover letter dated
January 15, 2004 (see Exhibit C). i
12) As of February 25, 2004, plaintiff has declined to sign the written settlement agreements.
It is my understanding that Ms. Milardo is refusing to sign these agreements on a desire to
participate in the arbitration proceedings concerning the grievance of Douglas Senn, a conditional
that was expressly excluded from the settlement agreement reached on December 5, 2003.
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J - - Case 3:03-cv-00 MRK Document 46 Filed 03/ 004 Page 3 of 4
13) The foregoing is true and correct to the best of my knowledge and belief l
*9/by · l
Eric R. Brown E
M i l
Subscribed and sworn before me this Q day of February, 2004. i
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No my Public I ,) gi gg
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’ P Case 3:03-cv-OO4@·lI/IRK Document 46 Filed O3/@004 Page 4 of 4 I
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CERTIFICATION p
I hereby certify that a copy of the foregoing was mailed, postage-prepaid, on this,3·" day `
of March, 2004, to the following:
Charles Houlihan, Attomey
1276 Hopmeadow Street i
P.O. Box 582 {
Simsbury, CT 06070-0582
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Michael Rose I
Alexandria Voccia -
Martha Shaw I
Howd & Ludorf I
65 Wethersfield Avenue I
Hartford, CT 06114 I
Susan M. Philips, Esq.
Suisman, Shapiro, Wool,
Brennan, Gray & Greenberg, P.C. _
P.O. Box 1591 I
New London, CT 06320
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Eric R. Brown
Commissioner of the Superior Court T
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