Free Motion to Dismiss Counts/Claims - District Court of Arizona - Arizona

N1 Us-INTOYA JIMENEZ, F. A.
A PROFESSIONAL ASSOCIATION OF LAVVYEFIS
EEUU N. CENTFIAL AVENUE, SUITE 255C)
PHOENIX, ARIZONA EsEc>1E>-2490
mx; EQ2-EEE-EEE7
STEPHEN G. IVIONTOYA I ALIGUSTINE B. ·JII\/IENEZ III, PC.
SO2-256-87181 SO2—2S3—7875
SGI\/[email protected]\/I [email protected]\/I
December 20, 2005 `
VIA FIRST CLASS MAIL, FAX (214) 969-4343 -
AND EMAIL [email protected]
Stephanie K. Osteen
Akin Gump Strauss Hauer & Feld LLP
1700 Pacific Avenue Suite 4100 .
Dallas, Texas 75201
Re: Jerome v. Midway Holdings, Inc., et al.
CV 03-1913-PH —MHM
Dear Stephanie:
Please consider this letter our supplemental disclosure regarding Ms.
Jerome's lost wages.
Please be mindful that the followin? information is only a reconstruction of Ms.
Jerome's lost wages given the fact tha Ms. Jerome has not filed tax returns for
several 8/ears an some of her employers since she left Midway did not issue her
either 1 99 forms or W-2 forms because they went into foreclosure or receivership.
Accordingly, lVIs. Jerome is not able to present these figures as anything more
than estimates.
As you know, the Midway Group (paid Ms. Jerome $5,000.00 per month,
making her annual satan? at Midway $60,0 0.00. This formula ignores any bonuses,
raises, and benefits tha Ms. Jerome would have otherwise received.
In 2003, Ms. Jerome estimates that she made approximately $20,000.00.
ln 2004, Ms. Jerome estimates that she made approximately $25,000.00.
In 2005, Ms. Jerome estimates that she made approximately $30,000.00.
Based tgmn these amounts, Ms. Jerome believes that she lost $40,000.00
($60,000.00—$ 0,000.00z)in 2003, $35,000.00 $$60,000.00 - $25,000.00) in 2005,
and $30,000.00 ($60,00 .00 — $30,000.00) in 2 .05.
Ms. Jerome's total estimated lost wages at this juncture total $105,00000.
EXHIBIT
Case 2:03-cv-01913—lVIHl\/I Document 55-13 Filed 12/30/2005 P 3

December 20, 2005 __
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We believe that this estimate is relatively accurate and is in fact conservative,
because it does not attempt to calculate any lost bonuses, insurance and other
benefits, and raises that Ms. Jerome would have received but for her wrongful
termination at Midway.
As you are aware, we have already provided you with releases to obtain all of
the income related information that you ave requested regarding Ms. Jerome.
lf we can assist you in any other way in reference to this issue, please let us
know and we would be happy to do so.
Sincerel , %
f
Stephe G. Montoya E
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Case 2:03-cv-01913-MHM

Document 55-13

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Case 2:03-cv-01913-MHM

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