Case Document 28 Filed 07/24/19 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF 

THRIVEST SPECIALTY FUNDING, LLC
v. Civil Action No. 2: 1 8-CV-1877
WILLIAM E. WHITE .

REPLY IN SUPPORT OF ITS
EMERGENCY MOTION FOR CONTEMPT

Thrivest Specialty Funding, LLC (?Thrivest?) submits this reply in support of its
Emergency Motion for Contempt (Dkt. 26) and in response to the Opposition (Dkt. 27) ?led by
Respondent William White (?White?).

ARGUMENT

White concedes that he has not complied with the Court?s July I, 2019 Order confirming
the Emergency Arbitrator?s Interim Award of Emergency Relief. He offers no reason why he
should not be held in contempt, except his unsupported assertion that compliance is ?not
possible.? White submits no evidence to support his conclusory assertion?which must be
questioned in view of his recent receipt of a $3.5 million award in the NFL Concussion
Litigation (on top of the $500,000 advance he received from Thrivest in December 2016). White
also threatens an appeal, but that would not stay enforcement of the Court?s Order and, in any
event, he has not yet appealed.

White?s negative portrayal of Thrivest ignores the $500,000 advance that Thrivest paid to
help him with his ?nancial needs long before he was able to access the bene?ts of the NFL
Concussion Settlement. White also ignores that, with respect to his obligations to Thrivest, his
current situation is largely of his own making. White concedes that he owes at least the principal
amount to Thrivest but, to date, he refuses to pay even that amount. The outstanding principal is,

by far, the largest driver of his ever-increasing obligations to Thrivest. Largely because of

Case Document 28 Filed 07/24/19 Page 2 of 3

White?s refusal to pay even that undisputed obligation, he continues to incur substantial
additional ?nancial obligations under the parties? Agreement. Along with the expenses
associated with continued legal proceedings, this necessitates the $1.25 million escrow. To be
clear, that escrow is not a determination on the merits, but merely a setting aside of disputed
funds to ensure that they are available once the arbitration is resolved.

Thrivest respectfully requests that the Court schedule a prompt hearing on its pending
Motion for Contempt. In response to White?s unsupported assertion that compliance with the
Court?s Order is ?not possible,? Thrivest requests expedited discovery in advance of that hearing
with respect to White?s current ?nancial circumstances and his disposition, if any, of
distributions from the Claims Administrator. To facilitate scheduling of the hearing and ef?cient
resolution of any objection to the requested discovery, Thrivest requests a brief telephone
conference with the Court and all parties.

Respectfully submitted,

Peter C. Buckley, Esquire

Peter C. Buckley, Esquire

Eric E. Reed, Esquire

FOX LLP

2000 Market Street?20th Floor

Philadelphia, PA 19103

(215) 299-2854

(215) 299-2150 (facsimile)

Attorneysfor Thrivest Specialty Funding, LLC

Dated: July 24, 2019

Case 2:18-cv-01877-AB Document 28 Filed 07/24/19 Page 3 of 3