Free Letter - District Court of Delaware - Delaware

Case 1:04—cv—01211-I\/IPT Document 28-9 Filed 02/21/2008 Page1 0f4
EXHIBIT H

Case 1:04-cv-01211-IVIPT Document 28-9 Filed 02/21/2008 Page 2 gigée l OU
John M. LaRosa, Esguire
From: "DiBianca, Margaret"
To: "John M. LaF
Cc: "Butler" ; "Kathleen .lennings"
Sent: Friday, February 15, 2008 6:20 PM
Subject: RE: Tobin v. Gordon: Submision of Form of Order of Judgment
Alright, that sounds fair to me. I'll get you the draft early next week.
Thanks again,
Molly DiBlanca
From: John M. LaRosa, Esquire [maiIto:[email protected]]
Sent: Friday, February 15, 2008 5:55 PM
To: DiBlanca, Margaret
Cc: [email protected]; Kathleen Jennings; Neuberger, Esq. Thomas S.
Subject: Tobin v. Gordon: Submision of Form of Order of Judgment
Molly:
The Judge asked you to file it with the assumption that the parties would agree to the form.
But it is my understanding that whenever a form of order is submitted to the Court, each side agrees to the form
or submits competing drafts. You generally do not have a situation where only one side is heard on the format of
a proposed order.
Very truly yours,
John M. LaRosa
Law Ofhce of John M. LaRosa
Two East 7th Street, Suite 302
Vwlmington, Delaware 19801-3707
(302) 888-1290
(302) 655-9329 (fax)
www.LaRosaL_aigom (website)
—--—— Original Message —-~
From: DiBianca. Margaret
To: Jghn M LaRosa Esguire
Cc: ;.e_b@;abutle;.eom ; Kathleen Jennings
Sent: Friday, February 15, 2008 5:42 PM .
Subject: RE: Tobin v. Gordon: Pension Issue and Form ofOrder of Judgment
Sure. that will be tine. I don't think it was supposed to be jointly submitted, but submitted by defendants only.
Maybe the other counsel remember?
From: John M. LaR0sa, Esquire [maiIto:[email protected]]
Sent: Friday, February 15, 2008 5:42 PM
To: DiBianca, Margaret
Cc: Neuberger, Esq. Thomas S.
2/21/2008

Case 1:04-cv-01211-MPT Document 28-9 Filed 02/21/2008 Page Slojgét 2 Om
Subject: Re: Tobin v. Gordon: Pension Issue and Form of Order of Judgment
Molly:
Let me know what you decide with respect to the Order. lf we can't agree to a form, we can just submit both
drafts to the Judge.
Very truly yours,
John M. LaRosa
Law Office of John M. LaRosa
Two East 7th Street, Suite 302
Vlhlmington, Delaware 19801-3707
(302) 888-1290
(302) 655-9329 (fax)
www.LaRosaLaw.com (website)
---- Original Message —--—
From: DiBianca, Margg
To: John M, LaRosa, Esqux
Sent: Friday, February 15, 2008 5:20 PM
Subject: RE: Tobin v. Gordon: Pension Issue and Form of Order of Judgment
John,
I passed along Tobin's pension request to the County and I will keep you posted with what I hear. As I said
today on the phone, the County is not under any obligation to consider the request but they do have it in any
event
On the Order of Judgment, two things. First, on the conference call, she directed me to me the order, so you
don't have to worry about the tiling. Second, while I ·:an't be sure, I think it should just be an order closing the
case, as the Offer of Judgment has already been docketed and speaks for itself. I will look into it though to be
certain.
In the meantime, have a great weekend,
Thank you,
Molly DiBianca
From: John M. LaRosa, Esquire [mailto:[email protected]]
Sent: Friday, February 15, 2008 1:55 PM
To: DiBianca, Margaret
Cc: Neuberger, Esq. Thomas S.
Subject: Tobin v. Gordon: Pension Issue and Form of Order of Judgment
Molly:
The following will memorialize our telephone conversation this afternoon. On behalf of plaintiff, l requested
that the County recalculate his pension to reflect retirement at a Captain's rate of pay. Such a measure would
not cost the County any additional monies up front. Also, we understand that the County has done this in the
past in employment cases for other long-time police ofhcers.
You indicated that in fairness, you indeed would address this issue with your client.
2/2 l/2008

Case 1:04-cv-01211-IVIPT Document 28-9 Filed 02/21/2008 Page 4 3 OB
Also, regarding the form of Order of Judgment, I suggested that we use the attached draft, in which we just
briefly state the terms as contemplated in Defendants Offer of Judgment (i.e. "S25,000 plus reasonable
attomeys‘ fees and costs") and indicate that ultimately the amount awarded for fees and costs will be a Hgure
approved by the Court. lf this is acceptable to all delendants, I will Hle it with the Court.
Please let me know defendants response on both ofthese issues by Tuesday.
Thank you for your continued cooperation in resolving this matter.
Very truly yours,
John M. LaRosa
Law Office of John M. LaRosa
Two East 7th Street, Suite 302
Vlhlmington, Delaware 19801-3707
(302) 888-1290
(302) 655-9329 (fax)
wvvw.L@>sal,aw.com (website)
2/21/2008