Motion to Set Aside Defaults, settlement letter as exhibit

[smhamdani]

I am a Plaintiff in this case. I have defaults on 3 of the 4 defendants. The attorney for the other defendant who has filed an answer has filed 3 motions to set aside the defaults on the 3 defaults. In the attorney declaration he lists and shows as an exhibit a settlement offer letter I sent to him. My questions is, I thought settlement letters can not be used in court. I think he is using the letter to show a time line of events in his motion. I am going to file an opposition to his motions, but I wanted to know if I should include anything on this matter.

 

[smhamdani]

Anyone with input?

 

[wisemans_voyage]

Anyone with input?

It seems like the Attorney IS representing ALL Defendants! You say an Answer has been filed? Well...it is a bit peculiar that this Attorney has filed 3 motions to set aside Default. Do all 4 Defendants have different allegations against them requiring the need for 4 different Answers? Please give more specifics to this interesting case.

 

[smhamdani]

No different allegations. The attorney only represented one client when he filed the answer. He is now representing the others and wants to file answers for them. Claiming no courtesy notification and mainly that his other clients thought their interest were protected by the one client filing an answer.

 

[wisemans_voyage]

No different allegations. The attorney only represented one client when he filed the answer. He is now representing the others and wants to file answers for them. Claiming no courtesy notification and mainly that his other clients thought their interest were protected by the one client filing an answer.

If all allegations pertain to all Defendants then I'm sure one answer will suffice. Filing a Default usually doesn't work when the Defendants oppose it. So just continue on to your CMC where the judge will talk to you and the Defense Attorney about how your cases will proceed.

 

[smhamdani]

They have to file individual answers to the complaint. The defaults are good. I will file an option to their motion and see what happens.