Mediation Brief

1. Tiffiney Cowan
Mediation Brief
Certificate in Paralegal Studies
University of Washington


Susan Winn
Attorney at Law
456 Anne Street
Seattle, WA 98121
[phone]
March 1, 2016

VIA FAX [phone]
The Honorable Judge Elaine M. Eagan
Judicial Dispute Resolution, L.L.C.
102 E. Pine St, suite 304
Seattle, WA 98101
Re: Kendricks v. Martinson
Dear Judge Eagan,
A mediation has been scheduled before you in the above matter on March 15, 2016, at 9:00 a.m.
in your offices. Susan Winn represents Marvin Martinson, doing business as Marvin’s Morsels,
and Ima Dewey represents Kathy Kendricks, doing business as Kathy’s Katering.

I. BACKGROUND

Mr. Marvin Martinson is a recently widowed father of two young children. He and his wife spent
12 years building Marvin’s Morsels and together they successfully developed a niche in the
highly competitive catering industry. Their festive, Hispanic-themed events, which always
featured their signature pork rind hors d’oeuvres, were in such demand that the business grew by

2. Tiffiney Cowan
Mediation Brief
Certificate in Paralegal Studies
University of Washington


205% in 2014. Mr. Martinson, his wife, and their staff of 75 employees catered nearly 1,000
events that year, including conferences, corporate meetings, weddings, and other social affairs.

Mr. Martinson was devastated when, on March 24, 2015, his wife died suddenly of
hydrocephalus, the result of a cerebral aneurysm. Overcome with grief, Mr. Martinson placed
John Jacobson, a manager at Marvin’s Morsel, in charge of the business while he helped his
children deal with the loss of their mother. Mr. Martinson also planned his wife’s funeral and
memorial service, and dealt with other matters associated with the loss of a spouse.

On April 27, 2015, Mr. Martinson was informed that Marvin’s Morsels received a “D” rating
from the King County Public Health Department. Although Mr. Martinson was not scheduled to
return to Marvin’s Morsels until May 4, 2015, he immediately focused his attention on restoring
the reputation of his business. Mr. Martinson returned to work, fired Mr. Jacobson, and called the
King County Public Health Department to schedule a series of food safety training sessions for
himself and his staff.

II. THE INCIDENT

On May 5, 2015, Ms. Kathy Kendricks met briefly with Mr. Martinson, to ask him to provide 40
hors d’oeuvres for a Bar Mitzvah Ms. Kendricks was catering. Mr. Martinson, who is well
known for his mouthwatering pork rind hors d’oeuvres, believed Ms. Kendricks was asking him

3. Tiffiney Cowan
Mediation Brief
Certificate in Paralegal Studies
University of Washington


to serve his signature dish. Mr. Martinson, who agreed to Ms. Kendricks’ proposal, accepted a
$2500 check from her and immediately placed a pork rind order with B&E Meats.

Mr. Martinson picked up the pork rinds from B&E Meats on June 12, 2015, and drove to the Bar
Mitzvah. Upon his arrival, Mr. Martinson learned that Ms. Kendricks had expected Mr.
Martinson to bring kosher hors d’oeuvres for 400 guests. Mr. Martinson apologized for the
misunderstanding and attempted to remedy the situation by offering to purchase kosher finger
foods at either of the two local kosher grocers. Ms. Kendricks rejected Mr. Martinson’s offer and
decided to “make due” with the pork rinds.

According to Ms. Kendricks, her client, Mr. Nehemiah Nussbaum, was furious about the pork
rinds and refused to pay Ms. Kendricks her $15,000 catering fee; however Mr. Martinson
assisted Ms. Kendricks in setting-up 25 banquet tables, covering each with the proper linens, and
carrying out more than 200 food-laden serving platters. The pork rinds consisted of 2 of those
200 platters. It is difficult to imagine that 1% of the food was so offensive as to justify non-
payment.

Five days after the Bar Mitzvah, Ms. Kendricks learned of the “D” rating Marvin’s Morsels had
received from the King County Public Health Department. Ms. Kendricks filed a claim against
Mr. Martinson for breach of contract and fraud, stating he falsely represented his ability to
perform. Neither allegation is true, as you will see below.

4. Tiffiney Cowan
Mediation Brief
Certificate in Paralegal Studies
University of Washington


Mr. Martinson accepted Ms. Kendricks’ offer to supply hors d’oeuvres for the Nussbaum Bar
Mitzvah for several reasons: first, for 12 years Marvin’s Morsels had received the highest ratings
from the King County Public Health Department, with the exception of the recent “D”; second,
Mr. Jacobson was no longer an employee of Marvin’s Morsels and Mr. Martinson viewed Mr.
Jacobson’s mismanagement as the primary reason for the “D” rating; third, the month-long food
safety training sessions would be completed nearly 2 weeks before the Bar Mitzvah ensuring that
both he and his staff would be ready to meet Ms. Kendricks’ catering needs; and fourth, Mr.
Martinson decided not to prepare the pork rinds at his facility as usual, but instead ordered them
from B&E Meats in order to ensure that he and his staff could give their full attention to the food
safety training sessions.

While it is unfortunate that Mr. Nussbaum has refused to pay Ms. Kendricks’ catering fee, Mr.
Martinson is in no way responsible for the dispute between Ms. Kendricks and Mr. Nussbaum.
Ms. Kendricks, as the Master of the Offer, was duty bound to ensure terms were clearly set out
and though she claims she asked Mr. Martinson to provide 400 kosher hors d’oeuvres, she has
produced neither documentation nor eyewitness account supporting her claim, while Mr.
Martinson and his employee, Lucy London, both testified that Ms. Kendricks requested 40 hors
d’oeuvres and that she did not stipulate they were to be kosher.

III. DAMAGES

5. Tiffiney Cowan
Mediation Brief
Certificate in Paralegal Studies
University of Washington


It is clear that Ms. Kendricks made a unilateral mistake of material fact with regards to both the
quantity and type of hors d’oeuvres she requested of Mr. Martinson. Instead of recognizing her
error, Ms. Kendricks has instead filed this baseless lawsuit against Mr. Martinson and, as a result
of having to defend himself, Mr. Martinson has been forced to sell his home and file for
bankruptcy. This loss, on the heels of his wife’s death, has devastated Mr. Martinson.


IV. SETTLEMENT NEGOTIATIONS
Mr. Martinson has offered to return Ms. Kendricks’ $2500 and he has demanded that she dismiss
this frivolous lawsuit. Ms. Kendricks has refused.

I hope the above recitation will be of some benefit to you in the mediation of this case. I look
forward to working with you on the 15th.

In the interim, please feel free to call me if you have any questions or need additional records.

Warmly,

Susan Winn
Attorney at Law
456 Anne Street
Seattle, WA 98121
[phone]