Free Letter - District Court of Delaware - Delaware

_ Case 1 :04-cv-00419-JJF Document 55 Filed 1 1/18/2005 Page 1 of 2
November 17, 2005
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Judge Joseph J. Farnan, Jr. ‘ .
United States District Court I Y
844 N. King Street ` p
Lockbox 27 t
Wilmington, DE l980l L”_';`"_T__T r i
Civil Action 04-419(JJ F)
US Court Of Appeals Of Appeals
3rd Circuit, 21S' Floor
21400 US Courthouse
601 Market Streets
Philadelphia, PA 19106-1790
Civil Action 05-1264
RE: Emerald Ridge Service Corporation & Brooks-McCollum vs. ERSC Acting Directors Civil Action 05-1264 -
SETTLEMENT CONFERENCE
Emerald Ridge Service Corporation & Brooks-McCollum vs. State Farm
Civil Action 04-419(JJF) - SETTLEMENT CONFERENCE
Dear Judge Farnan & The Clerk of the US Court Of Appeals:
For the US Court of Appeals the attorney ofrecord cannot make this filing, because I (Appellant/Plaintiff) do not wish to
make the corporation possibly incur any further liability.
I`ve attached several letters discussing the settlement reached between State Farm, myself and other parties’ part of other
litigation, in which State Farm has chosen to insure. During said settlement discussions you will note that the other parties
refused to pay for the legal fees of Emerald Ridge Service Corporation in the US Court Of Appeals action, which clearly
leaves them wide open should the attorney ofrecord decide that he will pursue action for his fees, in that he was hired per the
letter received by all parties from the US Court Of Appeals stating and outlining "lhat a Coggoration cannot be regresenled
by an individual in Hs' court. " Based on this Mr. Feinberg was hired so that the Corporation would not lose its rights. The
Delaware Supreme Court gave a ruling in its` court that stated at all times relevant that I myse|f(Cathy Brooks-McCollum)
was a Director of the Corporation. The Chancery Court ruled that I was indemnified, but I would not be provided funds until
after the proceedings were over. During court proceedings in this court the Chancery Court admitted and agreed that it erred.
While there is a settlement on my behalf with State Farm, for all costs incurred, there could still be possible litigation in
which the Corporation would be placed at risk. It is not my desire to place the Corporation at risk and it is up to the court to
decide if State Farm should also pay t`or the Corporations legal fees, as not to leave any liability open.
The letter sent by State Farm’s attorney Mr. Edward Kafader clearly identities in paragraph l the terms of the agreement as
we discussed and those are the only terms agreed to. Furthermore, State Farm’s attorney has incorporated a clause of which
we never agreed to have as part of any settlement. We clearly discussed that State Farm as part of any settlement would pay
for all costs, and I still intend on honoring my part of the agreement. However, if there are costs not known to myself, State
Farm, or any other parties, I will not agree to be responsible for them.
Therefore, I ask that one of the courts please outline for all parties what you deem costs for the proceedings per the document
submitted to the parties involved, in addition to making a ruling regarding Mr. Feinberg’s fees as not to leave Emerald Ridge
Corporation wide open. I made several attempts to settle this matter during these proceedings. The first attempt was made
when the costs were only some $500.00, th_e second was when the costs were some only $900.00 and the other the costs were
somewhere in the $2.000.00 range, now we are talking about thousands of dollars for what.
During this process my family has suffered severe damage and even then I am still willing to make concessions, but 1 will not
hurt my family any further and pay 1`or costs I did not ask for, and hopefully you can end this, since the parties cannot,
without continually trying to take the rights of others in the process.

. Case 1 :04-cv-00419-JJF Document 55 Filed 1 1/18/2005 Page 2 of 2
While, I am tired and want to place all of these pleadings behind me, it is apparent that for some reason the other parties do
not want these pleadings to be placed behind them. The only conclusion that I can come up with is that they feel that they
will and do have the protection of the courts and as a result of this my family has actually incurred damages in the area of
over $300,000 and just lor peace of mind, they won't even agree to pay all costs l am clearly entitled to as having been and
confirmed to be a Director of Emerald Ridge Service Corporation.
$i¤¤<=¤=t>t..t _ .
’ _ “ ' 'i`i` i`' " 0 `
Cathy B o -McCollum
PO Box 12166
Wilmington, DE 19850
(302) S2!-1241
Attachments
ec: Stephen P. Casarino, Esquire
Johnathan Parshal, Esquire
Harry Feinbcrg, Esquire
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Case 1:04-cv-00419-JJF

Document 55

Filed 11/18/2005

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Case 1:04-cv-00419-JJF

Document 55

Filed 11/18/2005

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