Free Letter - District Court of Delaware - Delaware


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Date: December 6, 2005
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State: Delaware
Category: District Court of Delaware
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` Case 1 :04-cv-00419-JJF Document 57 Filed 12/01 /2005 Page 1 of 2
November 30,2005 g *
Judge Joseph J. Farnan, Jr.
United States District Court
844 N. King Street
Lockbox 27
Wilmington, DE 19801
Civil Action 04-4l9(JJ F)
RE: SETTLEMENT CONFERENCE PURUSANT FEDERAL RULES OF CIVIL PROCEDURE 16 (a)(5),(9)(16)
- Emerald Ridge Service Corporation 8:. Brooks-McCollum vs. State Farm Civil Action 04—4l9(J.lF)
This notice is to serve that pursuant the previous letters sent to the attention of this court requesting a Settlement
Conference, where the other parties have now tried incorporating other terms 1 ask that the court outline the terms of the
settlement, in addition to the court confirming what are deemed costs associated with this case and the other cases, since
Defendant State Farm is the paying party and the other parties have no authority in providing settlement in the other
proceedings and State Farm is governed under this court and the State proceedings are stayed and the US Court Of Appeals
has not ruled upon its' having jurisdiction ofthe other proceedings, this court is being asked to outline and dispose of the
Settlement governing these proceedings, so that all stipulations can be executed and provided to the Court by
PlaintifflAppellant. Defendant State Farm should not be in control of causing l`urther possible harm to the Corporation, since
the only person deemed a valid Director is myself, someone still has to oversee the interests of the Corporation. Paragraph 1
of the Defendants letter outlining settlement is very clear and states, "the parties have not agreed to any [tmhcr terms of
settlement". According to the law we have a valid settlement and the defendants clearly indicated that the parties did not and
have not agreed to any further terms other then those listed in paragraph l. Plaintiff clearly agreed that she would be bound
by paragraph one, and will not and would not have Defendants now go back and add that Plaintiff will be responsible for any
further costs, when thc Chancery Court has already ruled that Plaintiff is entitled to all costs, but not until the completion of
proceedings and agreed that this was in error.
Thus. attached is a copy ofthe Defendants letter, of which I will provide the courts with a signed copy upon request,
and a copy of all the costs associated with this case is provided with this document, as to remove the issue of costs so that
there are not any unprotected parties in these proceedings, since nobody is looking out for the Corporations interest. While I
am not now a member of the Corporation at the time it was only ruled that I was a valid Director and as a valid Director I
should be allowed to determine what costs be paid Out of the Emerald Ridge Service Corporation policy on the others behalf,
or the courts and what costs should be assessed the Corporation, since they clearly admitted they were not elected and
appointed by each other. There have been funds expended from the Corporation to parties who should never have been paid
and were not approved by the Corporation itself. The Corporation should not have to be penalized for the illegal use of the
insurance policy by others. All costs should come from State Farm itself and not be assessed the Corporation policy.
Plaintiff has supplied this document to the US Court of Appeals for the Third Circuit, should they exercise
jurisdiction in enforcing the Settlement reached, and to the Superior Court Of Delaware, in that they not have possession of
the stayed State Action. Plaintiff further has attached a copy of the proposed Settlement and Release provided to the other
parties, which outline the terms as agreed and per the letter sent by other parties.
Thanking you in advance
Sincerely,
Cathy Dj rooks-McCollum
PO Box 12166
Wilmington, DE 19850
(302) 521-1241
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Case 1:04-cv-00419-JJF Document 57 Filed 12/O1/2005 Page 2 of 2
cc: Court Of Chancery
Vice Chancellor Parsons
New Castle County Courthouse
500 North King Street, Suite 11400
Wilmington, DE 19801
Civil Action 147-N
(302) 255-0544 (Register In Chancery)
(302) 255-0515
(302) 255-2213 (Fax)
US Court Ol` Appeals Of Appeals
3rd Circuit, 21st Floor
21400 US Courthouse
601 Market Streets
Philadelphia, PA 19106-1790
Civil Action 05-1264
Judge James T. Vaughn
Kent County Courthouse
38 The Green
Dover, DE 19901
Telephone 302-739-3184
Civil Action 147-N (Chancery Court Proceeding Assigned To Judge)
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