EMAIL DETAILS

I don't want to speak for all, but I am pretty sure payment by check would
be highly preferred by us. We have no interest in paying the wiring fees.
Let me know if that is a problem. We already have this month's check
written and ready to go so it will arrive by August 1st.

On Thu, Jul 29, 2010 at 10:02 AM, Michael Merley <mmerley@bsfllp.com> 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* <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* <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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> ------------------------------
>
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> ------------------------------
> The information contained in this electronic message is confidential
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> 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
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>


--
Eric D. Schwerin
Rosemont Seneca Partners
(202) 333-1880
eschwerin@rosemontseneca.co