Nightmare Neighbor

D

Disabled Vet

Well-Known Member
Jurisdiction
Indiana
Hi Folks,

Had issues with the neighbor back in 2011. They filed a complaint back then. I worked with their attorney at the time to resolve this issue. We reached a Conditional Settlement and Release Agreement then.

Yesterday i get a letter in the mail from their attorney. It reads, Notice to the Court

Come now Plaintiffs, by counsel, and notify the court as follows:
1. Plaintiffs, by counsel, filed their complaint herein on or about May 4, 2011.
2. The parties have entered into a conditional settlement and release agreement, which terms are currently ongoing.
3. accordingly, the plaintiffs do not wish to pursue litigation of this matter at this time.
4. therefore plaintiffs notify the court that this matter may now be dismissed without prejudice reserving plaintiffs right to file a lawsuit on the matter in the future is such action become necessary.

wherefore, plaintiffs, pray that this court dismiss this matter without prejudice; and for all other relief just and proper in the premises.

Now.... question if i may. since they are asking the court to dismiss this matter WITHOUT PREJUDICE does that mean the settlement isn't binding? Should i file to have the settlement entered as a binding item into the case? Does that mean later on they can change the settlement? I have a feeling that is what they are attempting to do. Get this dimissed without prejudice then file again to change or address items that were in the settlement.

Any thoughts??

Thanks
 
Your Perry Mason senses are alerting, tingling in the right direction, my friend.

Where I've seen this little ploy used effectively is in disarming the unsuspecting civil case defendant to be blindsided later by a new case being filed.

It's been my experience to always be wary, although there's little you can do at the moment, when you see a prayer for dismissal using the "weasel verbiage" WITHOUT PREJUDICE.

However, it can also be done in an effort to protect the client's right to later bring the case anew.

I am continued to be amazed at how some people never get their fill of conflict. Take your case, for example. You've lived in harmony for five years, at least without strife. Yet, this pretentious "big shot" believes there will one day arise another matter so egregious that he will be forced to file a useless legal action against you. Therefore, he imitates the great Roberto Duran with his fake "no mas"!

No one's life sucks. People make the lives of others suck.
 
I lived on a farm growing up. No running water or inside plumbing until i joined the military in 1981. :) Saying that because i am my own shithouse lawyer. LOL... So i guess i need to figure out how to prepare the next step in this filing. Suggestions?? Please???
 
Disabled Vet said:
I lived on a farm growing up. No running water or inside plumbing until i joined the military in 1981. :) Saying that because i am my own shithouse lawyer. LOL... So i guess i need to figure out how to prepare the next step in this filing. Suggestions?? Please???
Click to expand...

Fortunately for me, there was indoor plumbing on my folks' west Texas ranch.

Mom was from Texas, dad from the Blue Ridge of Virginia'a Appalachia.

Relatives on that side of my family tree lived in shacks, hidden from public highways on unnamed dirt roads "back off in the holler". :D

Windows were simply open holes in their rotting wood shacks, sans indoor plumbing, gathering their water from an outdoor spring, or nearby brook.

Yeah, DV, I know the comforts of an army provided latrine somewhere in 'Nam versus the utility of those decaying shanties with their little quarter moon windows in the Blue Ridge Mountains of VA. LMFAO :)

What prompted the controversy?

I'm not sure you can do anything formally to protect yourself, other than what you've done, take note of a potential future filing.

Is there anyway a permanent, negotiated settlement can be reached?
 
Thanks for your reply Army Judge,

How can I get the settlement agreement that was already done thru myself, their lawyer binding? Can I submit this settlement agreement to the court and request that it become binding thru the court? I think that is their reason for this filing. To attempt to change it since it wasn't done thru the judge. Just thru their lawyer and myself. It was signed by them and myself, family. But since this filing.... I think they are wanting to change it up.

Not for sure on the next step other then filing my request that the settlement become binding and can't be changed.

Thanks
 
Also... if I may.

This was filed with the court on the 5th of May but not send to me until the 14th. How long do I have to file a request?

Thanks
 
Your settlement is, was, and always will be, binding on both parties. A conditional settlement remains binding as long as the conditions are being met. Settlements do not have to be filed with the court to be binding. Settlement agreements typically result in the lawsuit being dismissed without prejudice. A dismissal with prejudice may be appropriate if the behavior of one of the parties is egregious enough to warrant not allowing him another bite of the apple. A dismissal without prejudice protects you by allowing you to refile if necessary. I don't see any ulterior motives on the part of your neighbor.

The proper response to any motion is to file a written objection to it where you ask the court not to grant the motion and you give grounds for that request. If your grounds are that you are suspicious of your neighbor and you are afraid the settlement is not binding my guess is that the judge will tell you it's binding and dismiss the lawsuit without prejudice anyway.

The time to respond to a motion is as soon as you get it.

Here's a sample:

RESPONSE in Opposition re 54 MOTION to Dismiss /Motion for Voluntary Dismissal Pursuant to Rule 41 for Heartland Recreational Vehicles LLC v. Forest River Inc :: Justia Dockets & Filings
 
Disabled Vet said:
Thanks for your reply Army Judge,

How can I get the settlement agreement that was already done thru myself, their lawyer binding? Can I submit this settlement agreement to the court and request that it become binding thru the court? I think that is their reason for this filing. To attempt to change it since it wasn't done thru the judge. Just thru their lawyer and myself. It was signed by them and myself, family. But since this filing.... I think they are wanting to change it up.

Not for sure on the next step other then filing my request that the settlement become binding and can't be changed.

Thanks
Click to expand...

This links to the IN Rules of Civil Trial Procedure

Indiana Rules of Trial Procedure

courts.IN.gov: Rules of Court


Indiana Rules of Civil Procedure - ServeNow.com


Indiana Rules of Civil Procedure - Rules of Civil Procedure - State Rules of Civil Procedure - Civil Procedure



I've never done a case in IN.

I'll look into it further this evening.
This will get you a head start.
Look for how you as the defendant are to be noticed for plaintiff's filings.
A letter in the mail seems irregular.
Look for the timings of such filings and defendant answers.

Also, what court? (Need to know if it was small claims, lower muni out, or higher county court)

I need to acquaint myself with your state's court structure.

I'll try to have something more concrete tonight or tomorrow midday.
 
Disabled Vet said:
Thanks Army Judge,

It's in Superior Court. Rough day yesterday so i wasn't on the computer to read your reply.

Thanks
Click to expand...

Rough day was right.
Okay, I'll take a look at how your civil cases flow.
What's Mr. Busybody's issue, fence encroachment, overgrown tree, barking dog, large American flag, etc?

In case you didn't know, you can search your court case here:

courts.IN.gov: Decisions & Case Records
 
These rules govern pleadings, motions, answers.

Indiana Rules of Trial Procedure



http://www.in.gov/judiciary/rules/trial_proc/trial_proc.doc


Local rules, judicial district 21:


http://www.in.gov/judiciary/files/bartholomew-local-rules.pdf


Indiana Rules of Court
Rules of Trial Procedure

Rule 6. Time:


(A) Computation. In computing any period of time prescribed or allowed by these rules, by order of the court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is:
(1)a Saturday,
(2)a Sunday,
(3)a legal holiday as defined by state statute, or
(4)a day the office in which the act is to be done is closed during regular business hours.
In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven [7] days, intermediate Saturdays, Sundays, legal holidays, and days on which the office is closed shall be excluded from the computations.


(C) Service of pleadings and Rule 12 motions. A responsive pleading required under these rules, shall be served within twenty [20] days after service of the prior pleading. Unless the court specifies otherwise, a reply shall be served within twenty [20] days after entry of an order requiring it. The service of a motion permitted under Rule 12 alters the time for service of responsive pleadings as follows, unless a different time is fixed by the court:

(1) if the court does not grant the motion, the responsive pleading shall be served in ten [10] days after notice of the court's action;

(2) if the court grants the motion and the corrective action is allowed to be taken, it shall be taken within ten [10] days, and the responsive pleading shall be served within ten [10] days thereafter.

I think this is your county. (Bartholomew)
You can find your case on this link:



courts.IN.gov: Bartholomew



Take a look, find your case, see what status as been assigned, and if its docketed for any hearings.

You have 20 days to answer, plus three extra days because the pleading/motion was delivered to you using the USPS.
 

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