Free Letter - District Court of Delaware - Delaware

Case 1:04—cv—01211-I\/IPT Document 28-5 Filed 02/21/2008 Page1 0f3
EXHIBIT D

Case 1:04-cv-01211-MPT Document 28-5 Filed 02/21/2008 Page 2 $5%;% I Of,
John M. LaRosa, Esguire
From: "John M. LaRosa, Esquire"
To: "Neuberger, Esq. Thomas S."
Cc: '"fobin lll, Henry V."
Sent: Friday, February 15, 2008 5136 PM
Subject: Fw: Tobin v, Gordon: Pension issue and Form ofOrder of Judgment
—-—~ 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 whatl 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 filing. 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 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 aftemoon. 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 officers.
You indicated that in faimess, 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 terms as contemplated in Defendants Offer ofJudgment (i.e. “$25,000 plus reasonable attorneys‘ 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 defendants, I 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,
2/2l/2008

Case 1:04-cv-0121 1-MPT Document 28-5 Filed 02/21/2008 Page Spgé 7 Om
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.cgm (website)
2/2 l/2008