I forgot to add: Happy Holidays—and congratulations on putting this whole thing to bed!
From: Michael Merley
Sent: Thursday
To: 'Eric Schwerin'
Cc:
Subject: RE: Follow up Lotito v Biden settlement
Eric
The agreement does not require a letter to be sent with the check.
If you wish to take a belt-and-suspenders approach
Regards
Mike
From: Eric Schwerin [mailto:eschwerin@rosemontseneca.com]
Sent: Thursday
To: Michael Merley
Cc:
Subject: Re: Follow up Lotito v Biden settlement
Mike-
Hope you are well and getting ready for the holidays.
I recall you and I talked a few months back regarding the last check Hunter and Jim owe to Lotito. We are going to send it next week. I can't remember if you said
that there was anything else we should do other than send the check (e.g. does there need to be a letter saying that this is the last check?). Doesn't look like it by reading the agreement
Best
Eric
Eric D. Schwerin
Rosemont Seneca Partners
(202) 333-1880
P Consider
the environment before printing this email.
On Mar 18, 2011, at 12:25 PM, Michael Merley wrote:
Eric,
You and Hunter have done all that the Settlement Agreement requires by sending him the check. If you would like, I can try to call him to follow
up on Hunter’s letter.
Best,
Mike
Michael M. Merley
BOIES, SCHILLER & FLEXNER LLP
New York, New York 10022
Main: (212) 446–2300
Direct: (212) 446–2338
Fax: (212) 446–2350
Email: mmerley@bsfllp.com
From: Eric Schwerin [mailto:eschwerin@rosemontseneca.com]
Sent: Thursday, March 17, 2011 2:20 PM
To: Michael Merley
Cc: Nicholas Gravante; Hunter Biden
Subject: Re: Follow up Lotito v Biden settlement
Michael/Nick-
We are not sure if this is anything or not, but Tony Lotito hasn't cashed his settlement check for March.
We Fedexed it to him on Feb. 28th and it was delivered on March 1st (per the FedEx tracking system). Hunter subsequently sent him a letter a week ago (FedExed to the
same address) to make sure he received the check and to let us know if he hasn't. The letter has not been delivered because a signature was required and they attempted to deliver it three times and no one was home to sign for it.
As of today, the check has not been cashed and we haven't heard from Lotito. Not sure if there is anything to do - but we of course don't want Hunter and Jim to be
accused of being in breach of the agreement.
Let us know your thoughts.
Best,
Eric
Eric D. Schwerin
Rosemont Seneca Partners, LLC
(202) 333-1880
P Consider
the environment before printing this email.
On Jul 29, 2010, at 10:02 AM, Michael Merley wrote:
FYI – Lotito is requesting that he receive settlement payments in wire transfers going forward; however, as you can see below, all he can do
is request such payments. We can keep sending regular checks if we so choose.
Michael M. Merley
BOIES, SCHILLER & FLEXNER LLP
New York, New York 10022
Main:
(212) 446–2300
Direct: (212) 446–2338
Fax: (212) 446–2350
Email: mmerley@bsfllp.com
From: Anthony Lotito [mailto:tony@anthonylotito.com]
Sent: Thursday, July 29, 2010 9:18 AM
To: Michael Merley
Subject: Re: Follow up Lotito v Biden settlement
Dear Mr. Merley: After carefully reading the section 1.1 iv of the settlement agreement, I agree with your email regarding regular check payments. Therefore, consider
it a request and I would prefer a wire transfer. However, of course your client may use any method they choose.
Thank you
Tony Lotito
From: Michael
Merley <mmerley@BSFLLP.com>
To: Anthony Lotito <tony@anthonylotito.com>
Cc: Nicholas Gravante <NGravante@BSFLLP.com>
Sent: Wed, July 28, 2010 11:14:33 AM
Subject: Re: Follow up Lotito v Biden settlement
Mr. Lotito:
I write to clarify one point in your email to Nicholas Gravante, below. As you know, Article 1.2 of the Settlement Agreement allows our clients
to make monthly payments by, among other things, regular check. For this reason, we construe your July 27, 2010 email to be your request that our clients send payments directly to you, at the address you have provided, below. I also note that this appears
to be the same information you sent to Mr. Gravante and Mr. Wille in your July 19, 2010 letter, which I have attached. Based on your July 19 letter and July 27 email, and Mr. Wille’s July 19 email (also attached), we understand that neither Brian Wille nor
Kostelanetz & Fink represent you at this time, and that they have no right or claim to any remaining payments to be made pursuant to the Settlement Agreement; thus, any payments, notices, or other communications to be sent pursuant to Articles 1.2 or 8.6 of
the Settlement Agreement will, going forward, be sent directly to you.
Sincerely yours,
Mike
Michael M. Merley
BOIES, SCHILLER & FLEXNER LLP
575 Lexington Avenue, 7th Floor
New York, New York 10022
Main: (212) 446–2300
Direct: (212) 446–2338
Fax: (212) 446–2350
Email: mmerley@bsfllp.com
----- Original Message -----
From: Anthony Lotito <tony@anthonylotito.com>
To: Nicholas Gravante
Sent: Tue Jul 27 22:13:06 2010
Subject: Follow up Lotito v Biden settlement
Mr. Gravante: Thank you for taking the time to take my call today and
discussing the issue at hand regarding Lotito v Biden settlement matters.
As we discussed today, and according to the terms of the settlement agreement,
Payments are due on the 1st of each month. Assuming the Bidens made their July
payment the next payment is due August 1st, 2010 and then each month thereafter
on the first of each month through January 1, 2012.
Below is the address for the delivery of a hard check required in certified
funds or in the alternative by wire to the bank account designated below.
I trust this will suffice based on today's conversation.
Sincerely,
Anthony Lotito
732-977-2416
Anthony Lotito
198 Cherry Tree Lane
Middletown, NJ 07748
Or if by wire transfer:
Capital One Bank
HYLAN BLVD, STATEN ISLAND NY
ANTHONY LOTITO
Aba # 021407912 Acct# 7166009634
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