After receiving the below e-mail from you, I called your office but you didn’t take my call . As a result, I left a voice message which once again stated the exchange has to happen today. Since it is you that is leaving on Tuesday, it was and is incumbent on you to make sure you have whatever you need from your client to do the exchange, including your client’s check. For the past three days I have been waiting for your answer to my question about issuing the check to my clients. Now, 3 days later, at 11 am you send me an e-mail claiming your client has a list of demands before it will issue the check made payable to my client, when we scheduled the exchange for noon today!
In an effort to get past this delay process, I e-mailed you immediately after I saw your 11 am e-mail, and in an effort to avoid further delay, I advised in my e-mail to you that we should keep things as provided in the Stip. with the payment going into the IOLA escrow account. While I was in Court this morning, at around 11;15 am today, I received your reply email which now claims you must be provided with a copy of the W-9 so that you can send it to your client and thereafter your client will messenger the required check provided for under the terms of the settlement agreement. This never ending list of excuses for not scheduling the exchange has gone on long enough. In light of the fact that you will be unavailable, as of Tuesday morning, for the last three days I have been pushing to schedule the exchange. Neither you nor your client assisted me in that regard. Get the check and be at my office at 2pm to exchange documents and turn over the check.
It is now more than two months since we placed the settlement terms of the record, on March 30, 2015. You have had plenty of time to prepare for the exchange of documents and provide the required payment.