l IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE O R I G I N A L
EEii§a€£$l??i?Eé`3ii`i.§‘2i»"..‘lE2§I.?.'§tS',?i£"X‘§‘X°l>?§m) Ly â€E“@“lE W4?]
vs. I
State Farm Insurance Company __ : _
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MOTION COURT TO DECIDE WHICH PARTIES HAVE AUTHORITY DECIDE SETTLING OF
CORPORATE ISSUES — IS IT STATE FARM ARE A PARTY RULED TO BE DIRECTOR
In the current pending lawsuits it appears that State Farm has taken on the operation and decision making
of running Emerald Ridge Service Corporation. Since none of the courts have ruled who are and are not
Directors, except that of the Delaware Supreme Coun. It would be the belief of Plaintiffs that the only person at
this point who may decide to settle this case is that of Plaintiff Cathy Brooks-McCollum in am attempt to reduce
costs for Emerald Ridge Service Corporation and limit the losses of the Corporation.
Once the court rules who can make the decision on who may or may not settle the case, the court should
be and would be the only party able to decide what costs gets assessed whom in the current pending litigation.
It appears that since State Farm knows that they erred in paying costs for parties whom are not either
Directors or Stockholders (owners of land), that they have taken over making Corporate decisions.
Plaintiff has received from the Delaware Supreme Court the undertaking necessary which proves and
validates that at all times relevant "she herself was a Director" and has invoked the option to settle this case in
fairness to all Plaintiffs being Director Cathy Brooks-McCollum during these proceedings, and the Corporation
itself.
Defendant State Farm does not have the authority to make rulings, which could cause irreputable harm to
the Corporation.
Defendant State Farms other counsel Edward Kafader presented Plaintiff Cathy Brooks—McCollum with a
signed document confirming that the case was settled and outlined that Paragraph 1 was the sole basis of
settlement, where Plaintiff never agreed to pay any costs, or attorney fees of the counsel retained to represent
Emerald Ridge Service Corporation. The document submitted after settlement by Edward Kafader asked that
Case 1:04-cv-00419-JJF Document 59 Filed 12/06/2005 Page 2 of 4
V Plaintiff Cathy Bt‘ooks—McC0llum, lie and state, "that the Releasor relied wholly ugon her own judgment, belief
and knowledge of the nature, extent, effect and duration of claimed injuries or damages and liabilig therefore
and this Release is made without reliance ugon any statement or representation of the Releasees oftheir
regresentatives or by any ghysician or other health care grovider by them emgloyed. " State Farm and Edward
Kafader also tried forcing Plaintiff to agree to terms of, “In the event that this release is not construed to be a
comglete release, it is the Releaser's intention that the Release be constructed as a joint tortfeasor’s release
gursuant to 10 Del. C. §6304fbf. That is, should there be any action against any gerson, firm, corgoration or
other entig, whether released herein or inadvertently or otherwise not released here, any judgment in the
Releaser’s favor, and in any capacig, shall be reduced, to the extent of the gro rate share of the released
tortfeasor, of the injured gerson ’s damages recoverable against all other tonfeasors. To the extent that any
grovisions of this gara gragh is inconsistent with IO Del. C. §6304fbf, it shall be void and of no conseguence, and
in glace thereof it is agreed that it shall be considered that this garagragh contains such other language, if any,
as is necessagy to make effectual the exgress intent of the garties to release all claims against the Releasee, " as
well as agreeing to other terms never discussed. Plaintiffs would not be wholly relying on their own judgment,
belief or knowledge etc. if forced to lie and agree to items, which were never their intentions. These terms also
asked that others not part of any pleadings be incorporated as part of protection.
Plaintiffs respectfully ask the court to hold a hearing and first determine if a settlement is reached.
Plaintiffs, then ask that the coun to determine what costs should be reimbursed the Corporation Plaintiffs, Cathy
Brooks-McCollum, plaintiff in closing/settling these proceedings. Costs are paid to a pany determined to be a
Director regardless, and that person should not have to relinquish those rights, in an effort to protect the interest of
the Corporation, because others are trying to hide behind their crimes.
Respectfully submittegg
} -. *-.2 *; :· »
Cathy D. Brdoks-McCollum
PO Box 12166
Wilmington, DE 19850
(302) 521-1241
' Case 1:04-cv-00419-JJF Document 59 Filed 12/06/2005 Page 3 of 4
IN THE UNITED STAES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Emerald Ridge Service Corporation (Derivative) & Civil Action No. O4-4l9(JJ F)
Cathy Brooks—McCol1um(Personnally & As A Director)
vs.
State Farm Insurance Company
CERTIFICATE OF SERVICE
I hereby certify that on this Ist day of December 2005, I caused to be served a true and correct copy of the
foregoing Motion upon Defendants:
Stephen P. Casarino
800 North King Street
Suite 200
Wilmington, DE 19801
(302) 594-4500 (Telephone)
(302) 594-4509 (Fax)
mi" r V I f
QQ}-. Ea is e " ‘ ·
Cathy D. rooks-McCollum
PO Box 12166
Wilmington, DE 19850
(302) 521-1241
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