Free Letter - District Court of Delaware - Delaware

Case 1:04—cv—01211-I\/IPT Document 28-6 Filed 02/21/2008 Page1 0f3
EXHIBIT E

Case 1:04-cv-01211-IVIPT Document 28-6 Filed 02/21/2008 Page 2,gf 3
gc I of 2
John M. LaRosa, Esguire
From: "John M. LaRosa, Esquire"
To: "DiBianca, Margaret"
Cc: "Neuberger, Esq. Thomas S."
Sent: Friday, February 15, 2008 5:41 PM
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
Law Oftice of John M. LaRosa
Two East 7th Street, Suite 302
Vthlmington, Delaware 19801-3707
(302) 888-1290
(302) 655-9329 (fax)
www.LaRosaLaw.com (website)
—·-- Original Message -—---
From: D_iBianca Margget
To: prin M. LaR¤sa.Essiuire
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 tile the order, so you
don't have to worry about the tiling. Second, while I can't be sure, I think it should just be an order closing the
case, as the Offer of Judgment has already been dockeled 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:
2/2 l/2008

Case 1:04-cv-01211-IVIPT Document 28-6 Filed 02/21/2008 Page 3,01 3,
age - of 2
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 Iong—time police officers.
You indicated that in fairness, you indeed would address this issue with your client.
Also, regarding the form of Order of Judgment, l suggested that we use the attached draft, in which we just
briefly state the tenns 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 tigure
approved by the Court. lf this is acceptable to all defendants, l will tile 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.
John M. LaRosa
Law Office of John M. LaRosa
Two East 7th Street, Suite 302
Vthlmington, Delaware 19801-3707
(302) 888-1290
(302) 855-9329 (fax)
www.LaBgsaLaw.cDm (website)
2/2 l/2008