Free Letter - District Court of Delaware - Delaware

Case 1:04—cv—01211-I\/IPT Document 28-8 Filed 02/21/2008 Page1 0f4
EXHIBIT G

Case 1:04-cv-01211-MPT Document 28-8 Filed 02/21/2008 Page 2log‘u42 l OB
John M. LaRosa, Esguire
From: "John M. LaRosa, Esquire"
To: "DiBianca, Margaret"
Cc: ; "Kathleen Jennings" ; "Neuberger, Esq. Thomas
S."
Sent: Friday, February 15, 2008 5:54 PM
Subject: Tobin v. Gordon: Submision of Form of Order of Judgment
Molly:
The Judge asked you to tile 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 havea situation where only one side is heard on the format of
a proposed order.
Very truly yours,
John M. LaRosa
Law Ofnce of John M. LaRosa
Two East 7th Street, Suite 302
V\Almington, Delaware 19801-3707
(302) 888-1290
(302) 855-9329 (fax)
w___vLw;LaRosaLaw.com (website)
---—- Original Message —-·-
From: DiBianca Margaret
To: John M. LaRosa,_Esgu;e
Cc: [email protected] ; Kathleen Jennings
Sent: Friday, Febniary 15, 2008 5:42 PM
Subject: RE: Tobin v. Gordon: Pension Issue and Form of Order of Judgment
Sure, that will be time. l clon't think it was supposed to be jointly submitted, but submitted by defendants only.
Maybe the other counsel remember?
From: John M. LaRosa, Esquire [mailto:[email protected]]
Sent: Friday, February 15, 2008 5:42 PM
To: DiBianca, Margaret
Cc: Neuberger, Esq. Thomas S.
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. Ifwe can't agree to a form, we can just submit both
drafts to the Judge.
Very truly yours,
John M. LaRosa
2/2l/2008

Case 1:04-cv-01211-IVIPT Document 28-8 Filed 02/21/2008 Page 3 of 4 _
Page 2 of J
Law Oftice of John M. LaRosa
Two East 7th Street, Suite 302
Vlnlmington, Delaware 19801-3707
(302) 888-1290
(302) 655-9329 (fax)
www.LaRosaLaw.com (website)
—--- Original Message -----
From: DiBianca,_Margaret
To: John M. LaRosa, Esguire
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 file the order, so you
don't have to worry about the hling. Second, while l can‘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: DiBlanca, 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, I 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 ofricers.
You indicated that in fairness, you indeed would address this issue with your client.
Also, regarding the form of Order of Judgment, I suggested that we use the attached draft, in which we just
briefly state the temis as contemplated in Defendants' Offer of Judgment (i.e. "S25,000 plus reasonable
attorneys' fees and costs") and indicate that ultimately the amount awarded for fees and costs will be a figure
approved by the Court. lf this is acceptable to all defendants, I will file it with the Court.
Please let me know defendants' response on both of these issues by Tuesday.
Thank you for your continued cooperation in resolving this matter.
Very truly yours,
2/2l/2008

Case 1:04-cv-01211-MPT Document 28-8 Filed 02/21/2008 Page 4P9jc43 Ot-3
D
John M. LaRosa
Law Ofhce of John M. LaRosa
Two East 7th Street, Suite 302
Vwlmington, Delaware 19801-3707
(302) 888-1290
(302) 6558329 (fax)
www.LaRosaLaw.com (website)
2/21/2008