Correspondence from Rosenbaum to Van Wye
Correspondence
August 2, 1991
1 page
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Case Files, Matthews v. Kizer Hardbacks. Correspondence from Rosenbaum to Van Wye, 1991. 414a853e-5e40-f011-b4cb-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/353f138e-01b9-43bb-8f99-31120e2551a6/correspondence-from-rosenbaum-to-van-wye. Accessed November 23, 2025.
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ACLUY FOUNDATION
OF SOUTHERN CALIFORNIA 633 South Shatto Place
Los Angeles, California 90005
(213) 487-1720
FAX (215) 480-3221
August 2, 1991 BY FAX AND EXPRESS MAIL
Harlan E. Van Wye
Deputy Attorney General
2101 Webster Street, 12th Floor
Oakland, California 94612-3049
Fax (415) 464-4020
Re: Matthews v. Kizer
Dear Harlan:
This confirms our telephone conversation this morning. It certainly appears that we are in
substantial agreement as to the basis for settlement of this case. We genuinely appreciate your efforts
and believe that settlement upon the terms we have discussed will benefit all parties.
As we discussed, we will set aside next Friday to meet in Los Angeles with Linda and you.
To date, we have agreed between us that the planning and technical implementation of a blood lead
screening program for eligible children will be worked out by your experts and some of ours acting
together.
On the subject matter of attorneys’ fees, as I also mentioned to you, we have as of today,
exclusive of costs and any multiplier, amassed hours we believe conservatively entitling us together
to well in excess of $125,000. Joel stated in his letter to you that because of the special circumstances
affecting this case we would jointly accept a fees payment of $75,000. The $50,000 counter-offer you
have made is too low given that we have already reduced our request substantially. To eliminate
negotiating steps that would only encumber accomplishment of the principal objective, may I very
strongly suggest that we just split the difference at $62,500 for services to date and turn to the detail
of the program to be developed. 1 have now spoken with attorneys for each of the other principal
organizations litigating on behalf of plaintiffs and believe that it will be difficult to reach agreement
on a sum below this number. Of course, all of this is contingent upon a rapid start-up of an
acceptable program.
Thank you again for your efforts. I look forward to hearing from you very early next week.
Sincerely,
Man lo,
Mark Rosenbaum
Se
cc: Linda Jane Slaughter
Joel Reynolds
Jane Perkins
Bill Lann Lee
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