Kathleen Balthrop Havener’s Answers

Kathleen Balthrop Havener

Chagrin Falls Litigation Lawyer.

Contributor Level 4
  1. Is there an appropriate time to offer or demand settlement during litigation proceedings? If so, send a letter or just call?

    Answered almost 2 years ago.

    1. Matthew Ronald Eason
    2. Herb Fox
    3. Frank Wei-Hong Chen
    4. Kathleen Balthrop Havener
    4 lawyer answers

    Communicating a settlement demand or offer is good practice so that when the judge asks at the next status conference, "Where are we on settling this thing?" the other side can't jump up and in an outrage or wounded voice say, "Your Honor, we haven't received a settlement demand. We have nothing to work with?" Negotiating an answer, however, is an art form and the time to do it, in my view, is just before some large amount of attorney time needs to be invested--before filing a motion to...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Judgment satisfied. Lawyer claims interest miscalculated. So they want more money... even thought the judgement was paid off.

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Kevin Samuel Sullivan
    3. Kathleen Balthrop Havener
    3 lawyer answers

    I would tell them it was their responsibility to prepare the judgment and they made the mistake. This is not a legitimate debt. You don't owe them for their mistake. "So sue me."

    2 lawyers agreed with this answer

  3. How much time before hearing does defense attorney have to identify witnesses or share documents they intend to use as exhibits.

    Answered almost 2 years ago.

    1. Kathleen Balthrop Havener
    2. Edgar Martirosyan
    2 lawyer answers

    This answer is different in every jurisdiction and indeed, in every proceeding. If a trial, the trial judge will have issued an order stating how long in advance each side must present a witness list. It's time to tell the other side that if they don't provide a witness list, you will object to their attempt to call the witnesses during the proceeding.

  4. Some one moved out of my house 2 weeks ago and have not returnd for ther belonging what am i legaly supposed to do with it

    Answered almost 2 years ago.

    1. Thomas Redick Houlihan
    2. Kathleen Balthrop Havener
    2 lawyer answers

    This depends on what the lease (if any) specifies, and -- without a lease -- what your relationship with the person was (or is). If she was a tenant, and there was no lease, you have a certain number of days before you are allowed to consider the property "abandoned" -- until that time (approximately 30 days) you must use "reasonable care" to protect the value of her property -- making sure, for example, that clothing and furniture are not exposed to the elements and that items are not...

  5. If my 14 year old pleaded guilty in court for shoplifting, do we stand a chance at avoiding payment of the civil lawsuit?

    Answered almost 2 years ago.

    1. Michael C. Witt
    2. Kathleen Balthrop Havener
    3. Robert A. Stumpf
    3 lawyer answers

    If the merchandise was recovered, I cannot imagine what damages anyone is thinking the company could obtain. That does NOT mean, however, that you should ignore the lawsuit. You should show up anytime you get a notice of a hearing and you should respond to every letter you get and continue to say that because your daughter is 14, and she has been to criminal court, and she is completing her punishment, and especially because Claire's has NO DAMAGES, you will continue to fight the lawsuit.

    1 lawyer agreed with this answer

  6. What form does one fill out and turn in when service was attempted but unsuccessful?

    Answered almost 2 years ago.

    1. Dean Forrest Swanson
    2. Robert Daniel Kelly
    3. Arthur D Leritz
    4. Kathleen Balthrop Havener
    4 lawyer answers

    I agree that the rules can be complicated, but a declaration of attempted service is a good thing if you're trying to document that the person is trying to evade service.

    1 lawyer agreed with this answer

  7. Motion for summery judgment

    Answered almost 2 years ago.

    1. Don Springmeyer
    2. Charles Joseph Michael Candiano
    3. Kathleen Balthrop Havener
    3 lawyer answers

    You said that your case is in federal court. In most jurisdictions, there is an unwritten "rule" (in some it is expressly provided) as to how many days/months can pass before a judge should rule on a motion for summary judgment. That said, however, many things can happen to interfere with the schedule. If the claims or parties have changed, for example, or if any party has filed bankruptcy, or certain other intervening factors have occurred. I filed a motion for summary judgment in a...

  8. If you are pro per can a witness list submitted as an individual document be handed to the other attorney by me? TRO/RO issues

    Answered almost 2 years ago.

    1. Pamela Koslyn
    2. Frank Wei-Hong Chen
    3. Timothy John Broussard
    4. Kathleen Balthrop Havener
    4 lawyer answers

    Anything that needs to be served can be served by hand-delivery, and it should note that on the certificate of service. The question is whether or not it is on time. Since I don't know the answer to that question, I can't advise you.

  9. Can the court take judicial notice of a government website? Is there a certain case I can site?

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Robert Harlan Stempler
    3. Kathleen Balthrop Havener
    3 lawyer answers

    Although I think it depends on the facts of the case, I would suggest that the answer is generally Yes, and I would cite Denius v. Dunlap, 330 F.3d 919 (7th Cir. 2003). Kathleen B. Havener 216-288-6009 www.havenerlaw.com