Cooke et al v. DB 85 Gym Corp et al

Filing 39

ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Corey Stark dated 10/24/2012 re: I write to request a telephone conference concerning the settlement of this matter. ENDORSEMENT: DENIED. Complete relief can be obtained via the pending motions. (Signed by Judge Alvin K. Hellerstein on 10/25/2012) (ama)

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COREY STARK"­

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901 NORTH BRO'DW;o.y

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CHRISTOPHER FRASER........

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ERIC J. SCHMERTZ

1925-2010

CONNECTiCLT OFFICE
GRAVEL ISlAND ROAD

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October 24, 20 l2

CANAAN,

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[phone]

By Facsimile
Hon_ Alvin K. Hellerstein
United States District Court
Southern District of New York
500 Pearl Street
New York, New Yark 10007

Re:

CookelRodino v. DB 85 Gym Corp. et al.

Civil Action No_: 11 Civ. 020) (AKH)(RLE)

Dear Judge Hellerstein:
I am a member of The Dweck Law Finn, LLP, attorneys for Plaintiffs in the above­
rererenced matter. I write to request a telephone conference concerning the settlement of this
matter.

I submitted a motion for sanctions and to enforce the settlement agreement yesterday. I
am writing this letter now based upon new and disturbing information.
T1-..e settlement proceeds will be two weeks overdue tomorrow. Defendants" counsel
Michael Vollbrecht advised me last week that Defendants' insurance carrier had crn the
settlement checks and forwarded them to Defendants to be filtered through Defendants' payroll
system. To my surprise, Mr. Vollbrecht advised me a few moments ago Ihal Defendants'
insurance carrier has not cut the settlement checks and does not expect to do 90 until some time
next week. At this point_ I do not know what to believe. The only fact that is clear is that
Defendants and Defendants' insurance carrier's oondut-'1 reflects tbat they lack interest in
complying with the deadlines in the settlement agreement or Your Honor's conditional order_
Accordingly, on behalf of my clients, I respectfully request that Your Honor intercede I>y
conducting an immediate telephone conference.

Respectfully,

cc: Michael Vollbrecht, Esq.

10603