~~(~ C}~~~~U~' l /Z COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: August 8, 2005 OFFICE: Commissioner, Pct. 3 TIME PREFERRED: SUBJECT: Consider and discuss status of EBA Lawsuit. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 55] and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. LPW GFFICE9 OF SHAD DOX, COMPERES WALRAVEIY PROR0310 NqL GOAPO RPTION STEPHEN E. WALRAVEN THE NORTH FROST CENTCR ) 250 N.E. Loop 4 ~ o, 5u1TE 725 6AN ANTONIQ, 7EJU+5 7HED9 July 18, 2005 Mz. Rex Emerson, County Attorney Kezr County Courthouse, Suite BA-103 700 Main Street Kczrville, Texas 78028-5324 Re: Cause No. 04-251 B Sc GOOD TELEPHONE (2 7 Dl 622-20) $ FACSIMILE (Z 1 DI 822-6066 EMAIL: aWpLRPVGN Qd 9CW ~LAW.COM Kern County, Texas v. Employee Benefit Administrators, Inc. 198`s Judicial District Court, Ken County, Texas Our File No. 5166.001 Dear Mr. Emerson: There has been little to no activity in this case oven the last few months. I azn told by counsel foz EBA that this inacUivity has been caused by solvency issues with EBA. I am told that EBA bias lost one or more of its biggest contracts, and has found itself more oz less insolvent. I am also told that because of that insolvency, some issues have arisen between EBA and its insurance coluxpany over EBA's failure to pay its deductible under its policy. I am told that these issues have interfered with EBA's counsel to proceed with the lawsuit far EBA He also tells roe that these issues have been resolved, somehow, and that they should be able to resume with the lawsuit. Since we have always looked to EBA's policyto pay this claim, the solvency issues will hopefully not have a significant impact oa this case. The next step in the lawsuit bas been to arrange for and take the oral depositions of representatives ofUnion Labor Life Insurance Comglany, Kerr County's stop-loss carrier for the policy period at issue. Those depositions will be taken in Washington, D.G., and are expected to result is Union Tabor Life Insuuance Company being added as a party defendant, depending on the testimony. While we could have proceeded with those depositions ourselves; in the interest of saving money to the County, we have been waiting to let EBA, and its attorney and insurance company pay for setting up those depositions. Once those depositions are taken I do expect Union Laboz Life Insurance Company to be added as a P~Y• The next phase will be the expert witness phase, and we will need to retain expert witnesses to testify to the deficiencies in the Defendants' conduct. Again, to save expenses, rely l s, 2005 Page 2 rare may try and schedule a mediation prior to the expert phase of the case. Please call Aae if you have any questions or need any additional informatiton. Sincerely yo S PIiF,N E. WALRAVEN SEWJgb Enclosure