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Federal Civil lawsuit Defendant's counsel created the confidentiality agreement and changed the Material terms.

Los Angeles, CA |

When the Def Counsel created the confidentiality agreement they changed the material terms in the contract to what was stated on record then tried to have the pro se plaintiff sign this contract. Only after a failed attempt then def counsel modified agreement to what was stated on record. but does the attempt count as bad faith? also it took them 2 weeks after mediation to create the contract is that excessive? Defendant filed enforce settlement plaintiff argues not all provisions discussed on record and there is no meeting of the minds. Plaintiff wants out of contract defendant wants to enforce settlement based on this what happens? when def counsel agreed to change B they put in E then Mediation Magistrate federal judge say B&E E&B same just sign plaintiff say no. Now what happens?

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Attorney answers 3


Lot of info here but no facts from which any meaningful response can be provided. In mediation, there is nothing that requires either party to accept terms if they are dissatisfied. From your post, it is not clear if an agreement was reached at the mediation and if that agreement was thereafter written and then signed by all parties. If the agreement was placed on the record before the magistrate and consented to by the parties, it is binding just as it would be if a written settlement agreement was signed by the parties. If your magistrate is stating that there is no difference between "B" and "E" perhaps there is no difference. Whatever the case, you will want to consult counsel, provide facts and then get advice on how best to move forward.

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Thank you Attorney Mathew for your response yes there was an agreement reached by both parties in front of the Magistrate Judge but plaintiff refused to sign the agreement this is why defendant's counsel filed an motion to enforce settlement agreement. The problem was that when both parties agreed to a provision defendant's counsel changed what was agreed upon if we agreed to blue fish they put in a Purple fish. Then the Magistrate would argue since Blue and Purple are similar just sign it. plaintiff argued that both parties agreed to Blue not Purple yet the Magistrate Judge was angry and just wanted the Plaintiff to sign any provisions so it can be over with. Plaintiff refused to sign and argued I cannot sign to the terms I did not agree with. Looking forward to your response


Your question is not very clear, but I will pick out some of it and answer what I can.
Def counsel drafting an agreement that differed from the agreement stated on the record and then changing it after plaintiff pointed it out does NOT count as bad faith.
2 weeks after mediation to prepare the written agreement is NOT excessive.
If Plaintiff agreed on the record, and is now trying to get out of the agreement, the defendant is entitled to try and enforce the agreement. What you describe is not sufficient to overturn a settlement.
The court, especially a Federal Court, will more than likely enforce the agreement that you entered into on the record. You may end up having to pay defendant's fees incurred in attempting to enforce the agreement.
It may now be a good time to stop representing yourself and talk to an attorney.


Order a transcript of the agreement on the record.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

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