EMAIL DETAILS

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
1010 Wisconsin Ave., NW
Suite 705
Washington, DC 20007
(202) 333-1880
eschwerin@rosemontseneca.com
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
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
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


IRS Circular 230 disclosure:
To ensure compliance with requirements imposed by the IRS, unless we expressly state otherwise, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The information contained in this electronic message is confidential information intended only for the use of the named recipient(s) and may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1]

The information contained in this electronic message is confidential information intended only for the use of the named recipient(s) and may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1]