Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-00419-JJF

Document 80

Filed 06/05/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CATHY D. BROOKS-MCCOLLUM, ) ) Plaintiff, ) ) v. ) ) STATE FARM INSURANCE COMPANY, ) ) Defendant. )

Civil Action No. 04-419 JJF

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO COMPEL SETTLEMENT 1. The undersigned represented to the court at the scheduling conference on May 10,

2007 that attempts had been made to settle all of plaintiff's cases with State Farm. However, those settlement efforts were made by Edward Kafader of the Firm of Ferry, Joseph & Pearce who was representing the interest of State Farm in other actions. The undersigned was not involved in any settlement negotiations with plaintiff. 2. It was the understanding of the undersigned, however that no settlement had been

reached. This was confirmed with Mr. Kafader. 3. Since it appears that there was no meeting of the minds between plaintiff and Mr.

Kafader on behalf of all defendants regarding the amount or terms of the settlement, there is nothing for the court to enforce. 4. The undersigned understands further that the purpose of the settlement was to resolve

all outstanding cases. Apparently the plaintiff does not understand the concept of a settlement because in her motion she states that even if the case is settled she intends to have the court rule on the indemnification issue and to proceed with further claims in Pennsylvania.

Case 1:04-cv-00419-JJF

Document 80

Filed 06/05/2007

Page 2 of 2

Plaintiff motion to enforce a settlement should be denied.

/s/ Stephen P. Casarino, Esq. STEPHEN P. CASARINO, ESQ CASARINO, CHRISTMAN & SHALK, P.A. I.D. No. 174 800 N. King Street, Suite 200 Wilmington, DE 19899-1276 (302) 594-4500 Attorney for the Defendant Dated: June 5, 2007