Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv—00163-G|\/IS Document 225-5 Filed 08/30/2006 Page 1 of 1
l Ellen Cavallaro
_ Page 19 g * I
1 BY MR. COTTRELL: §
2 Q. And that language tracks almost verbatim the E
3 language of paragraph 3.1 of your bond, does it not? §
1 4 A. Yes . _ _
5 Q. So Federal did receive proper notice that the é
6 City was about to declare Durkin in default as required § _
7 by paragraph 3.12 _ g
I 8 MR. KINGSLEY: Objection to the form. g l
W 9 BY MR. COTTRELL: n g
10 Q. Correct? §
11 A. They sent me a letter that tracks some of the g i
12 language that*a in the bond. E
13 Q. Well, do you have any reason to believe that E
14 at that point in time this notice was not in compliance i -
15 with your paragraph 3.1 of Federal's bond? .g ’
16 A. I had no reason to believe that. E
17 Q. And when was the letter received? _ g
18 A. I caa't make out the numbers. It does say g
19 faxed to R. Towle 11/25. Presumably, it would be on that;
20 day·or several days after that. E doh't remember when E
21 Thanksgiving was that year, so l'm not sure. E
22 Q- Okay. Now, that meeting actually took place i
23 on December 9, 2003, in Newark, did it not? E
24 A. Yes.

Case 1:04-cv-00163-GMS

Document 225-5

Filed 08/30/2006

Page 1 of 1