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

Case 1:04-cv—00163-G|\/IS Document 170-3 Filed 08/22/2006 Page 1 of 2
Ellen Cavallaro
· Page 43 §
1 A. Yes. §
2 Q. It refers to the meeting of December 9, and §
2 states in the second paragraph, quote, The meeting was g
4 held to comply with the provisions of Durkin's §
9 Performance Bond, quote. i
6 It says that. Right? §
1 A. It says that. g
6. MR. KINGSLEY: Do you have extra copies?
9 Sorry.
16 BY MR. COETRELL:
11 Q. And that's a true statement, is it not? §
12 MR. BOLGER: Objection to the form. i
12 MR. KINGSLEY: Yes, object to the form. g
11 THE WITNESS: It was a meeting on §
16 December 9th, it was an offmthemrecord meeting that was %
16 not to be nsed in any other form. So I don't believe g
11* that it would comply with the requirements. But there g
16 was a meeting on December Qth. E
19 BY MR. COTTRELI.: J
29 Q. Okay. Now, you did not disagree that that g
21 meeting complied with the bond requirements until after
22 the City terminated Durkin's contract. Correct? g
22 A. I didn't make any specific objection, that's g
24 correct. §
Corbett & Wilcox
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Case 1 :04-cv-00163-GIVIS Document 170-3 Filed 08/22/2006 Page 2 of 2
Ellen Cavallaro
‘ ?age 52 %
1 the City's notice of intent to terminate. Correct? §
2 A. Yes. g
3 MR. KINGSLEY: Object to the form. g
4 THE WITNESS: We had the meeting in §
5 response to the initial letter, yes. §
6 BY MR. COTTRELL: g
1 Q. When did the idea first occur to you that the g ·
0 December 9 meeting did not meet the requirements of the
2 bond because it was a, quote, unquote, off~the~record
10 meeting? §
11 A. l don't remember. _
12 Q. That didn't happen until after the termination §
13 notice, did it? g
14 A. l probably did not give full consideration to §
15 what my obligations were until there had been a §
10 termination. Q
11 Q. Okay. And if you look at the requirements in g
W paragraph 3 where it calls for a conference, it just says §
_ 12 conference, doesn't it? %
20 A. Let's see what it says. Attempt to arrange a i
21 conference with the contractor and the surety. g
22 Q. Is there anything in there that says the
23 meeting has to be on the record? g
24 A. It doesn't address that. §
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Corbett & Wilcox
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Case 1:04-cv-00163-GMS

Document 170-3

Filed 08/22/2006

Page 1 of 2

Case 1:04-cv-00163-GMS

Document 170-3

Filed 08/22/2006

Page 2 of 2