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Enron Mail |
--------------------------------------------------------------------------------------------------------- Michelle Cash Enron North America Corp. 1400 Smith Street, EB 3823 Houston, Texas 77002 (713) 853-6401 michelle.cash@enron.com This message may contain confidential information that is protected by the attorney-client and/or work product privileges. ----- Forwarded by Michelle Cash/HOU/ECT on 06/08/2001 11:03 AM ----- tcarrico@spilmanlaw.com 06/08/2001 10:18 AM To: michelle.cash@enron.com cc: Subject: Enron/Release Michelle, I spoke with Rick Brown, he told me that when he signed the handwritten agreement on behalf of Elliott and Dickinson, it was his understanding that CRDC would make the required payments under the settlement agreement. But, if CRDC defaulted then Chris Cline, Tim Elliott, John Dickinson, and Enron could be responsible for the remaining payments. He believes that if CRDC defaults and the other defendants do not agree among themselves as to the amount and manner in which Clonch will be paid, then Clonch will be required to institute one arbitration action against each of the remaining defendants. Additionally, he believes that under the agreement the parties did not agree to joint and several liability. I asked him as to why he allowed his clients to be potentially personally liable on the payments owing to Clonch by CRDC. He explained that it was a "no brainer." He reasoned that Elliott, Cline, and Dickinson are the chief officers of CRDC and they will do everything in their power to prevent CRDC from defaulting, because they do not want to be subject to personal liability. Rick also told me that Kevin also agrees with this interpretation. After speaking with Rick Brown, I spoke to Rich Walters, who informed me that Clonch refused to accept Enron's offer to guarantee payments under the settlement agreement beginning 2002 until 2007 at a maximum of $1000 a month and $12,000 a year. Rich Walters told me Karen Miller's interpretation of the handwritten settlement agreement. Her interpretation is in accord with Rick Brown's interpretation. For these reasons, only intends to sue Enron and not Cline, Elliott, and Dickinson for violation of the settlement agreement. Please call me so that we may discuss. Thanks. Tim C. Carrico Spilman Thomas & Battle, PLLC email: tcarrico@spilmanlaw.com phone: (304)-340-3856 cell phone: (304)-549-2681 fax: (304)-340-3801 address: 300 Kanawha Blvd., East Charleston, W.Va. 25301 =============================================== CONFIDENTIALITY NOTE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
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