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Popovich 17 LA 377 Thread-Topic: Dulberg v. Popovich 17 LA 377 Thread-Index: AQHT+bT/nQQ0Drd83Ui6UWvmfchg4KRLh7AAgAAAdbmABI5YAIABwNuAgAAAT+A= Date: Tue, 5 Jun 2018 15:56:27 +0000 Message-ID: References: <6697d80d-761f-7694-6f71-d70b8c1af698@comcast.net> In-Reply-To: Accept-Language: en-US Content-Language: en-US X-MS-Has-Attach: X-MS-TNEF-Correlator: authentication-results: spf=none (sender IP is ) smtp.mailfrom=swalczyk@goochfirm.com; x-originating-ip: [70.89.219.230] x-ms-publictraffictype: Email x-microsoft-exchange-diagnostics: 1;DM5PR15MB1131;7:ah62LHdGODXiqk7Gg130RI67NQJ7FD0CWOzHm2uarWNxHaLmCEmLB9t02FoXr/MsAAcr9nGQLJQK0ifV+6E01yWCAyoJSETp4Ssk9Omk70kI+gMUwsC4N8kDuew0knrvfwG6DAqmCKLirA3A6JSxqpvca3cxXs8sagNSnaUvIsaUckQQX9YKDvbaM6f+YI+Jum9pNhEyD9IYKEGMq0ODnEf0ip1nZFQyJVPKZzCOJ7N6IUZwIVcsxOrTelnUqOBN x-ms-exchange-antispam-srfa-diagnostics: SOS; x-microsoft-antispam: UriScan:;BCL:0;PCL:0;RULEID:(7020095)(4652020)(7021125)(5600026)(4534165)(7022125)(4603075)(4627221)(201702281549075)(7048125)(7024125)(7027125)(7028125)(7023125)(2017052603328)(7153060)(7193020);SRVR:DM5PR15MB1131; x-ms-traffictypediagnostic: DM5PR15MB1131: x-microsoft-antispam-prvs: x-exchange-antispam-report-test: UriScan:(28532068793085)(68173958961439)(244540007438412)(21748063052155)(265313219721884); x-ms-exchange-senderadcheck: 1 x-exchange-antispam-report-cfa-test: BCL:0;PCL:0;RULEID:(6040522)(2401047)(5005006)(8121501046)(10201501046)(3231254)(944501410)(52105095)(3002001)(93006095)(93001095)(149027)(150027)(6041310)(20161123558120)(20161123562045)(20161123564045)(20161123560045)(2016111802025)(6043046)(6072148)(201708071742011)(7699016);SRVR:DM5PR15MB1131;BCL:0;PCL:0;RULEID:;SRVR:DM5PR15MB1131; x-forefront-prvs: 0694C54398 x-forefront-antispam-report: SFV:NSPM;SFS:(10019020)(396003)(366004)(39830400003)(376002)(346002)(39380400002)(53434003)(25584004)(30584003)(199004)(189003)(3846002)(53936002)(11346002)(14454004)(5890100001)(45080400002)(93886005)(478600001)(68736007)(25786009)(5250100002)(606006)(66066001)(790700001)(102836004)(9326002)(7736002)(6916009)(236005)(229853002)(81166006)(8676002)(81156014)(6436002)(6116002)(345774005)(8936002)(55016002)(105586002)(8666007)(551944002)(26005)(106356001)(5660300001)(6246003)(486006)(476003)(186003)(59450400001)(2900100001)(3280700002)(97736004)(76176011)(7696005)(86362001)(316002)(3660700001)(9686003)(99286004)(6506007)(53546011)(6306002)(54896002)(446003)(2906002)(74316002)(33656002);DIR:OUT;SFP:1102;SCL:1;SRVR:DM5PR15MB1131;H:DM5PR15MB1451.namprd15.prod.outlook.com;FPR:;SPF:None;LANG:en;PTR:InfoNoRecords;A:1;MX:1; received-spf: None (protection.outlook.com: goochfirm.com does not designate permitted sender hosts) x-microsoft-antispam-message-info: CmABGhh3Q1nbp2LRwq7ZjoFthSBXazzPW1dIpjHGnK8tK6jz4AlG+JB0Ndg1wMewxnnlwPO4M1acl7LkxMRTq5z4bx85sSekRL3U/iNMXZYP5nMltOf8bA0Ad+AzWmpXfvqjv7b+7+YmATkp8pH2uQzzH9hJctVTrj/cgfsvhYKZNjOTrhYAcK2Kz7ZoBLut spamdiagnosticoutput: 1:99 spamdiagnosticmetadata: NSPM Content-Type: multipart/alternative; boundary="_000_DM5PR15MB1451448BDF5C1717C3268D43CB660DM5PR15MB1451namp_" MIME-Version: 1.0 X-MS-Office365-Filtering-Correlation-Id: aee8526b-6e1c-46fc-2dd6-08d5cafce5ec X-OriginatorOrg: goochfirm.com X-MS-Exchange-CrossTenant-Network-Message-Id: aee8526b-6e1c-46fc-2dd6-08d5cafce5ec X-MS-Exchange-CrossTenant-originalarrivaltime: 05 Jun 2018 15:56:27.9573 (UTC) X-MS-Exchange-CrossTenant-fromentityheader: Hosted X-MS-Exchange-CrossTenant-id: 12c0282c-992c-4cec-8615-23b881a876a2 X-MS-Exchange-Transport-CrossTenantHeadersStamped: DM5PR15MB1131 X-CMAE-Envelope: MS4wfHsYCqPDycFHBuLlx4U4RJ1BET/O9lLM3dIhly7wramK1k5/efYTkGjnXH6hJrb75wHnxuVbXNs0cAgqS/8Zr/lMoEGMyhb9NfTdFQeOH4uklSiyARUy ZOaBE0D63aJwYlLgASHbooyYQAVqPb9MN5vRAeYWsBgWTlamP18eW15xceEw7ahp4XjLdnpxxMkrvc9A9J94kPJZCGYsY9mgt0PDqpD4wghoJ4XpAGt2oaxI --_000_DM5PR15MB1451448BDF5C1717C3268D43CB660DM5PR15MB1451namp_ Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: quoted-printable Hello Paul, Perfect timing, I am working on it right now. The Amended Complaint is not due until June 7, but I will finish the change= s and send it over to you for a final check when I finish. Thanks, Sabina D. Walczyk Associate Attorney The Gooch Firm 209 South Main Street Wauconda, Illinois 60084 (847) 526-0110 (phone) (847) 526-0603 (fax) This communication is covered by the Electronic Communications Privacy Act,= found at 18 U.S.C. 2510 et. seq. and is intended to remain confidential an= d is subject to applicable attorney/client and/or work product privileges. = If you are not the intended recipient of this message, or if this message h= as been addressed to you in error, please immediately alert the sender by r= eply e-mail and then delete this message and all attachments. Do not delive= r, distribute or copy this message and/or any attachments and if you are no= t the intended recipient, do not disclose the contents or take any action i= n reliance upon the information contained in this communication or any atta= chments. From: me Sent: Tuesday, June 5, 2018 10:54 AM To: Sabina Walczyk ; Nikki Cc: Office Office Subject: Re: Dulberg v. Popovich 17 LA 377 Hi Sabina, Just a reminder that tomorrow is the deadline for the first amended complai= nt and I want to make sure everything is okay. When do you think it'll be ready to see? Thanks, Paul 847-497-4250 On 6/4/2018 8:07 AM, me wrote: Hi Sabina and Tom, Below are the changes, questions and comments. They are also attached as a text file called, amended_complaint_comments2.t= xt Comments on FIRST AMENDED COMPLAINT Very well stated arguments. Some possible corrections and changes... page 2, section 7: "lost control ..." could be changed to "inadvertently c= ut the arm of DULBERG" Question: How were the amounts $260,000 and $250,000 arrived at? page 3, section 11: "property" should read "properly". page 3, section 13: Incorrect. MAST incorrectly informed DULBERG that the= insurance policy limit for Gagnon was only $100,000, when in reality the p= olicy limit was $300,000. (Proof: see file 2-104.pdf in email folder). At no time was DULBERG ever informed of the McGuires' policy limits. In addition, when MAST later gave DULBERG all documents related to his case= , DULBERG noticed that the Gagnon policy information and the McGuires' poli= cy information was not included among the files. The medical depositions w= ere also missing from the files. (Much email proof of this.) page 3, section 15: correct. direct quotes from file 2-207.pdf and 2-205.= pdf email exchanges from file 2-208.pdf to file 2-182.pdf show clearly that= DULBERG does not agree or understand why McGuires are not liable for injur= y. page 3, section 16: correct. Direct quote from 2-201.pdf. Extracted from= the sentence: "We don't have to accept the $5,000, but if we do not, the = McGuires will get out for FREE on a motion." page 4, section 17: Why the quotations? It cannot be proven that this is = a direct quote, though the emails quoted above can be proven. Not sure abo= ut the quote. Not sure that the meeting was the day before a court appeara= nce yet, that is what DULBERG was told by MAST but Tom Kost who is DULBERGS= ' brother and was in the meeting does not exactly recall this but says he r= emembers it was time sensitive. There were actually 2 meetings in Hans Mast office on the McGuires. The fir= st Dulberg attended with his Mother Barbara Dulberg and the second was with= Thomas Kost, Dulbergs' brother. However, I, DULBERG, am currently putting together a timeline of all docume= nted court events along with the emails and this should narrow down the dat= es of these meetings. I, DULBERG, believe that we should not include anything in the complaint th= at is not backed up by verifiable documented proof. Witness testimony can c= ome out during the discovery phase, not the complaint. I dont want anything= the defense can pounce on. Why the statement "DULBERG would not see a dime from either case"? McGuires= ' and Gagnon's? No proof of this. Not sure of the claim. Again this is no= t backed up by the emails but is close to DULBERGS' recollection of the con= versation with MAST and should come out in testimony, not in the complaint. He claimed the McGuires would be dismissed for nothing if DULBERG did not a= ccept the offer promptly. This can be proven through DULBERG as a witness = and by his brother, THOMAS KOST, who was also present at the meeting. The = claim can also be proven through emails. page 4, section 18: It is written "having no choice in the matter". This= can be replaced by "feeling he had no choice in the matter". (This is pro= ven through the email record from file 2-208.pdf to 2-182.pdf.) In the ema= il exchanges he is clearly in disagreement with McGuires' liability and cle= arly reluctant to accept the offer. page 4, section 20: correct. Proof of direct quote in file 2-180.pdf. page 4, section 22: correct. Proof of direct quote is in file 2-104.pdf page 6, section 29: "reasonable" should read "reasonably". "forcing" coul= d be changed to "pressuring" or "coercing". page 7, section 31 j): correct. Direct quote from file 2-201.pdf. I am available anytime to discuss any of this. Thank you, Paul 847-497-4250 On 6/1/2018 10:32 AM, Sabina Walczyk wrote: Yes it does thank you. Get Outlook for iOS ________________________________ From: me Sent: Friday, June 1, 2018 10:31:04 AM To: Nikki Cc: Sabina Walczyk; Office Office Subject: Re: Dulberg v. Popovich 17 LA 377 Hi Sabrina, Thank you for providing this for my review. I opened it and by the 3rd page already noticed some simple but fundamental= errors we need to correct. I'm going to read it in detail and hope to have all corrections to you by M= onday the 4th of June. Does that give you enough time to review my concerns and still meet the dea= dline of the 6th? Thanks again, Paul On 6/1/2018 9:33 AM, Nikki wrote: Hi Paul, I have attached a draft of the First Amended Complaint for your case. Pleas= e review and advise. Thank you. Regards, Nikki Justiniani Office Assistant The Gooch Firm 209 S. Main Street Wauconda, IL 60084 P: 847-526-0110 F: 847-526-0603 E: nikki@goochfirm.com This communication is covered by the Electronic Communications Privacy Act,= found at 18 U.S.C. 2510 et. seq. and is intended to remain confidential an= d is subject to applicable attorney/client and/or work product privileges. = If you are not the intended recipient of this message, or if this message h= as been addressed to you in error, please immediately alert the sender by r= eply e-mail and then delete this message and all attachments. Do not delive= r, distribute or copy this message and/or any attachments and if you are no= t the intended recipient, do not disclose the contents or take any action i= n reliance upon the information contained in this communication or any atta= chments. --_000_DM5PR15MB1451448BDF5C1717C3268D43CB660DM5PR15MB1451namp_ Content-Type: text/html; charset="us-ascii" Content-Transfer-Encoding: quoted-printable

Hello Paul,

Perfect timing, I am working on it right now.

The Amended Complaint is not due until June 7, but I = will finish the changes and send it over to you for a final check when I fi= nish.

 

Thanks,

 

 

Sabina D. Walczyk

Associate Attorney

The Gooch Firm
209 South Main Street
Wauconda, Illinois 60084
(847) 526-0110 (phone)
(847) 526-0603 (fax)

This communication is covered by the Electronic Communications Privacy Act,= found at 18 U.S.C. 2510 et. seq. and is intended to remain confidential an= d is subject to applicable attorney/client and/or work product privileges. = If you are not the intended recipient of this message, or if this message has been addressed to you in error, pl= ease immediately alert the sender by reply e-mail and then delete this mess= age and all attachments. Do not deliver, distribute or copy this message an= d/or any attachments and if you are not the intended recipient, do not disclose the contents or take any a= ction in reliance upon the information contained in this communication or a= ny attachments.

 

 

 

From:= me <pdulberg@comcast.net>
Sent: Tuesday, June 5, 2018 10:54 AM
To: Sabina Walczyk <swalczyk@goochfirm.com>; Nikki <nikki@g= oochfirm.com>
Cc: Office Office <office@goochfirm.com>
Subject: Re: Dulberg v. Popovich 17 LA 377

 

Hi Sabina,
Just a reminder that tomorrow is the deadline for the first amended complai= nt and I want to make sure everything is okay.

When do you think it'll be ready to see?

Thanks,
Paul

847-497-4250

 

On 6/4/2018 8:07 AM, me wrote:

Hi Sabina and Tom,

Below are the changes, questions and comments.
They are also attached as a text file called, amended_complaint_comments2.t= xt

 

Comments on FIRST AMENDED COMPLAINT

Very well stated arguments.  Some possible corrections and changes...<= br>
page 2, section 7:  "lost control ..." could be changed to &= quot;inadvertently cut the arm of DULBERG"

Question:  How were the amounts $260,000 and $250,000 arrived at?=

 

page 3, section 11:  "property" should read "properl= y".

page 3, section 13:  Incorrect.  MAST incorrectly informed DULBER= G that the insurance policy limit for Gagnon was only $100,000, when in rea= lity the policy limit was $300,000. (Proof:  see file 2-104.pdf in ema= il folder).

At no time was DULBERG ever informed of the McGuires' policy limits.

In addition, when MAST later gave DULBERG all documents related to his case= , DULBERG noticed that the Gagnon policy information and the McGuires' poli= cy information was not included among the files.  The medical depositi= ons were also missing from the files.   (Much email proof of this.)

page 3, section 15:  correct.  direct quotes from file 2-207.pdf = and 2-205.pdf email exchanges from file 2-208.pdf to file 2-182.pdf show cl= early that DULBERG does not agree or understand why McGuires are not liable= for injury.

page 3, section 16:  correct.  Direct quote from 2-201.pdf. = Extracted from the sentence:  "We don't have to accept the $5,00= 0, but if we do not, the McGuires will get out for FREE on a motion."<= br>
page 4, section 17:  Why the quotations?  It cannot be proven tha= t this is a direct quote, though the emails quoted above can be proven.&nbs= p; Not sure about the quote.  Not sure that the meeting was the day be= fore a court appearance yet, that is what DULBERG was told by MAST but Tom Kost who is DULBERGS' brother and was in the meeting = does not exactly recall this but says he remembers it was time sensitive. There were actually 2 meetings in Hans Mast office on the McGuires. The fir= st Dulberg attended with his Mother Barbara Dulberg and the second was with= Thomas Kost, Dulbergs' brother.
However, I, DULBERG, am currently putting together a timeline of all docume= nted court events along with the emails and this should narrow down the dat= es of these meetings.
I, DULBERG, believe that we should not include anything in the complaint th= at is not backed up by verifiable documented proof. Witness testimony can c= ome out during the discovery phase, not the complaint. I dont want anything= the defense can pounce on.

Why the statement "DULBERG would not see a dime from either case"= ? McGuires' and Gagnon's?  No proof of this.  Not sure of the cla= im. Again this is not backed up by the emails but is close to DULBERGS' rec= ollection of the conversation with MAST and should come out in testimony, not in the complaint.

He claimed the McGuires would be dismissed for nothing if DULBERG did not a= ccept the offer promptly.  This can be proven through DULBERG as a wit= ness and by his brother, THOMAS KOST, who was also present at the meeting.&= nbsp; The claim can also be proven through emails.

page 4, section 18:   It is written "having no choice in the= matter".  This can be replaced by "feeling he had no choice= in the matter".  (This is proven through the email record from f= ile 2-208.pdf to 2-182.pdf.)  In the email exchanges he is clearly in = disagreement with McGuires' liability and clearly reluctant to accept the offer.

page 4, section 20:  correct.  Proof of direct quote in file 2-18= 0.pdf.

page 4, section 22:   correct.  Proof of direct quote is in = file 2-104.pdf

page 6, section 29:  "reasonable" should read "reasonab= ly".  "forcing" could be changed to "pressuring&qu= ot; or "coercing".

page 7, section 31 j):  correct.  Direct quote from file 2-201.pd= f.

I am available anytime to discuss any of this.

Thank you,
Paul

847-497-4250

 

On 6/1/2018 10:32 AM, Sabina Walczyk wrote:

Yes it does thank you.

 

From: me <pdulberg@comcast.net>
Sent: Friday, June 1, 2018 10:31:04 AM
To: Nikki
Cc: Sabina Walczyk; Office Office
Subject: Re: Dulberg v. Popovich 17 LA 377

 

Hi Sabrina,

Thank you for providing this for my review.

I opened it and by the 3rd page already noticed some simple but fundamen= tal errors we need to correct.

I'm going to read it in detail and hope to have all corrections to you b= y Monday the 4th of June.
Does that give you enough time to review my concerns and still meet the dea= dline of the 6th?

Thanks again,
Paul

 

On 6/1/2018 9:33 AM, Nikki wrote:

Hi Paul,

 

I have attached a draft of the First Am= ended Complaint for your case. Please review and advise. Thank you.

 

Regards, 

 

Nikki Justiniani=

Office Assistant

 <= span style=3D"color:#212121">

The Gooch Firm

209 S. Main Street

Wauconda, IL 60084

P: 847-526-0110
F: 847-526-0603

E: ni= kki@goochfirm.com

This communication is= covered by the Electronic Communications Privacy Act, found at 18 U.S.C. 2= 510 et. seq. and is intended to remain confidential and is subject to appli= cable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if t= his message has been addressed to you in error, please immediately alert th= e sender by reply e-mail and then delete this message and all attachments. = Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipi= ent, do not disclose the contents or take any action in reliance upon the i= nformation contained in this communication or any attachments.

 

 

 

 

 

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