Free Response in Opposition to Motion - District Court of Arizona - Arizona

E hm A

;

Case 2:04-cv-00662-DGC D0cument217—4 Filed 06/25/2008 Page10f3

U-Haul v. Lumbermens -- appeal bond issue Page l of 2
Gerald Greenberger L.
From: Gerald Greenberger
Sent: Monday, May 12, 2008 2:37 PM
To: 'Bruck, Michael C.'
Subject: RE: U—Haul v. Lumbermens —- appeal bond issue
Dear Mr. Bruck:
Thank you for your e-mail and the two attached affidavits (w/o exhibits). Our clients have seriously considered f
your request, but have determined to stick with their previous position. Y
Very truly yours, I
Gerry Greenberger I
Gerald A. Greenberger
RUBIN, FIORELL/-\ & FRIEDMAN LLP
292 Madison Avenue, 11th Floor
New York, New York 10017
Tel: (212) 953-2381
Fax: (212) 953-2462
Direct Dial: (212) 447-4611
From: Bruck, Michael C. [mailto:[email protected]]
Sent: Friday, May 09, 2008 3:42 PM
To: Gerald Greenberger
Subject: U-Haul v. Lumbermens -- appeal bond issue
Gerry, As reflected in my voicemail to you, I have picked up this substitute bond issue. I am attaching draft
affidavits from Kemper and Scor, its reinsurer, that explains the issue. In short, Kemper has to fully collateralize
its bond while the reinsurer does not. Thus, there is a savings on our side with no change in security on your
side. I appreciate that in the event of default your client may have to pursue 2 bonds instead of one, but that is g
a very remote prospect. Thus, in lieu of moving to substitute the bonds, we would ask for your clients! consent to (.
do so. Please let me know what you think and if you have any questions. ¥
Thanks. Qi
Michael C. Bruck
WILLIAMS MONTGOMERY & JOHN LTD. I
20 North Wacker Drive, Suite 2100 `
Chicago, IL 60606-3094
Direct Phone: 312-443-3235
Cell Phone: 312-972-3235 .
Direct Fax: 312-630-8535
Email: [email protected] ?
\/\/eb: www.wiIImont.com
From: Gerald Greenberger [mailto:[email protected]]
Sent: Friday, April 04, 2008 2:31 PM
To: Campbell, Alyssa P
6/24/ZWG 2:04-cv—00662-DGC Document 217-4 Filed 06/25/2008 Page 2 of 3

U-Haul v. Lumbermens —- appeal bond issue Page 2 of 2
Subject: RE: U-Haul v. Lumbermens —— appeal bond issue
Alyssa: _
Our clients wish to know why Lumbermen's is requesting to substitute two bonds for one bond, s
which is not explained in your e-mail. I would add that our clients are not inclined to agree to
this request since it would be easier for them to execute on a single bond.
This e—mail and our previous conversation are without prejudice to all rights of our clients. All
such rights are hereby expressly reserved.
Best regards,
Gerry
From: Campbell, Alyssa [mailto:[email protected]]
Sent: Thursday, April 03, 2008 12:25 PM
T0: Gerald Greenberger I
Subject: U-Haul v. Lumbermens -- appeal bond issue
To answer your questions regarding the proposed substituted bonds, we would request that we substitute two
bonds: (1)fr0m National Indemnity Company as surety, in the amount of $2,655,512.21 and (2) from North
American Specialty Insurance Company, as surety, in the amount of $202,487.79, totaling $2,858,000 in place of
the one current bond, issued by National indemnity Company as surety, in the amount of $2,858,000. Please let
me know if you would agree to a stipulated substitution of bonds. Thanks in advance for your consideration of this
matter.
The infomation contained in this electronic mail is intended for the addressed recipient only. The e—mail i
may contain privileged and confidential material. If you have received this electronic mail in error, i
please notify the sender immediately by replying to this e—mail or by calling 3 l2-443-3200. Please do
not disclose the contents to anyone.
DISCLAIMER: The information contained in this communication may be confidential, is intended only for the use of the recipient named
above, and may be legally privileged. lf the reader of this message is not the intended recipient, you are hereby notified that any I
dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this
communication in error, please re-send this communication to the sender and delete the original message and any copy of its from your
computer system. Thank you.
The information contained in this electronic mail is intended for the addressed recipient only. The e—mail ,
may contain privileged and confidential material. If you have received this electronic mail in error,
please notify the sender immediately by replying to this e-mail or by calling 312-443-3200. Please do
not disclose the contents to anyone.
6/24/2@`(sp,se 2:04-cv—00662-DGC Document 217-4 Filed 06/25/2008 Page 3 of 3 ·

Case 2:04-cv-00662-DGC

Document 217-4

Filed 06/25/2008

Page 1 of 3

Case 2:04-cv-00662-DGC

Document 217-4

Filed 06/25/2008

Page 2 of 3

Case 2:04-cv-00662-DGC

Document 217-4

Filed 06/25/2008

Page 3 of 3