Legal Question in Civil Litigation in Massachusetts

Civil Procedure: Settlements: Failure to File Dismissal

Hello, I need some thoughts. D was sued in an individual capacity (!!!) by a secured creditor over business dealings. Lawsuit was for 10 million when D's net worth was at most $100,000 in home equity. P created a fraudulent document on which to base a claim of fraud in the inducement of a contract. D produced the real contract. P also alleged D sold equipment without P's permission, but then admitted during negotiations that P had knowledge of the sales and participated in the decision to make the sales. P finally dropped these unsupported claims in response to Rule 11 letter from D's attorney, but only after D incurred enormous legal expense. P refused to drop one final remaining claim, and D, unable to afford further legal costs, agreed to pay $ to P. Stipulation and Agreement provided: once D had made payment, P would file Stipulation of Dismissal. D paid, and P did not file dismissal. P is in fact weeks late in filing dismissal. Q: What are the implications of P's not filing or late filing of dismissal (assuming P gets around to this)? Q: Should D petition the court (bankruptcy, MA) to enforce the settlement and enter a dismissal order? Q: Should D report the P's attorney for ethical breaches? Thanks.


Asked on 1/09/06, 12:17 pm

1 Answer from Attorneys
Maria Murber Law Offices of Maria Murber, PC

Re: Civil Procedure: Settlements: Failure to File Dismissal

If there is already an order in the court to comply in accordance with the attached Stipulation, and D followed through with the order from the court,then P would be in contempt of that the order.

However, it depends how that order (and stipulaton enforced thereto) specifically states what should occur.

If they have not followed the court's order then P is in contempt of that order and you should be able to file a complaint for contempt.

Sincerely, Maria Murber

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Answered on 1/09/06, 1:01 pm


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