felixraxta
New Member
Hi. Well, I as a business owner I received a summons/lawsuit and also was involved the property owners. so I hired an Attorney and the property owners hire their attorney so a couple of months after we settle with the plaintiff trhu his attorney, this lawsuit was about ADA barriers, a settlement involving money was signed by all Parties and the plaintiff gave us one year to fix such ADA Barriers. And that after a year the plaintiff will come back and if he discovers what he believes are disability access violations and problems to the subject location he will let us know and give us 90 days to fix such ADA Barriers..... so I saw the following Paragraphs on this settlement, please read:
Paragraph #9: Plaintiff shall allow said Defendant 90 days from receipt of plaintiff's disclosure (s) to correct any alleged problems BEFORE seeking relief from the court. Defendant shall have ninety days to fix any alleged access problems barring unforeseen circumstances which may cause delay. If defendants remedy the alleged violation within those 90 days, plaintiff covenants to forgo any lawsuit or cause of action arising from the remedied disability access issue.
Paragraph #10: It is understood and agreed by the Parties that Plaintiff shall completely release, acquit AND forever discharge DEFENDANTS from any and all claims of any kind and nature, character known or unknown, disclosed or undisclosed, including, but not limited to personal injury, which PLAINTIFF may now have or has ever had against DEFENDANTS, including but not limited to, any and all claims, rights, demands, causes of action for violations of the Amercians With Disabilities Act. of 1990, 42 U.S.C bla bla bla bla..... Violation of any other federal, state, local, or public accommodations statues, rules, regulations, or ordinances, declaratory judgment, injuctive relief, or violation of any other statues, rules, regulations, or ordinances of any kind, wether state, federal or local, and any claim for retaliation under such laws and any claim for attorney's fees or costs.***
So I just learned a couple of days ago that the same plaintiff's attorney is going to add me as a defendant to a lawsuit that it was filed around 5 - 6 Months ago. I know what lawsuit is and the case number BUT the weird thing is that on the lawsuit he is suing for is for the same reason which is ADA barriers civil rights etc, etc. But I have not see yet my name amended/ added to that lawsuit BUT I already got a settlement offer yesterday from the plaintiffs attorney. So my questions are.
Can the plaintiff sue me twice for the same alleged violations?
Does Paragraph #10 protects me for any future lawsuits from the same plaintiff, meaning he can't sue me again because I already settle on that other case/Lawsuit?
BTW Paragraph #10 Is in this other new settlement that I just got a day or so from this "OTHER" 5-6 Month old lawsuit that I still don't see my name on it. In this settlement offer Paragraph #9 is not there due that the Business is now closed.
Thanks in advance and of course I might be adding more to this post if needed after reading some replies.
Thanks!
Paragraph #9: Plaintiff shall allow said Defendant 90 days from receipt of plaintiff's disclosure (s) to correct any alleged problems BEFORE seeking relief from the court. Defendant shall have ninety days to fix any alleged access problems barring unforeseen circumstances which may cause delay. If defendants remedy the alleged violation within those 90 days, plaintiff covenants to forgo any lawsuit or cause of action arising from the remedied disability access issue.
Paragraph #10: It is understood and agreed by the Parties that Plaintiff shall completely release, acquit AND forever discharge DEFENDANTS from any and all claims of any kind and nature, character known or unknown, disclosed or undisclosed, including, but not limited to personal injury, which PLAINTIFF may now have or has ever had against DEFENDANTS, including but not limited to, any and all claims, rights, demands, causes of action for violations of the Amercians With Disabilities Act. of 1990, 42 U.S.C bla bla bla bla..... Violation of any other federal, state, local, or public accommodations statues, rules, regulations, or ordinances, declaratory judgment, injuctive relief, or violation of any other statues, rules, regulations, or ordinances of any kind, wether state, federal or local, and any claim for retaliation under such laws and any claim for attorney's fees or costs.***
So I just learned a couple of days ago that the same plaintiff's attorney is going to add me as a defendant to a lawsuit that it was filed around 5 - 6 Months ago. I know what lawsuit is and the case number BUT the weird thing is that on the lawsuit he is suing for is for the same reason which is ADA barriers civil rights etc, etc. But I have not see yet my name amended/ added to that lawsuit BUT I already got a settlement offer yesterday from the plaintiffs attorney. So my questions are.
Can the plaintiff sue me twice for the same alleged violations?
Does Paragraph #10 protects me for any future lawsuits from the same plaintiff, meaning he can't sue me again because I already settle on that other case/Lawsuit?
BTW Paragraph #10 Is in this other new settlement that I just got a day or so from this "OTHER" 5-6 Month old lawsuit that I still don't see my name on it. In this settlement offer Paragraph #9 is not there due that the Business is now closed.
Thanks in advance and of course I might be adding more to this post if needed after reading some replies.
Thanks!