I am a plaintiff in a breach of contract case. The process progressed to the DCM judges chamber at the point of selecting a jury trial in Supreme Court, but the judge help facilitate a settlement before a jury was picked and trial date in the near future. The settlement also killed the pending summary judgment in front of another judge which was to the point of being under review, all doxs submitted. The atty represented defendant has not complied with the settlement and the stipulation which the judge signed on the day of the settlement in his chambers. To compound matters, I no longer have an attorney.
What are the repercussions and consequences for the defendant for non-compliance with the court agreed settlement ? What are the next steps ? Can the pending summary judgment be reinitiated with the judge who was looking at it ? Can the judge who brokered the settlement now put the case on expedited track to pick a jury and go to trial ? Can the judge who had the pending judgment and was due to make a decision go back to it ? Held in contempt, sanctions ??? Can I now say to the court, forget about the settlement and go to court ?
If the settlement is also a court order ["so ordered"] the Court has power to compel compliance. If not, the settlement is treated as a contract between parties. A breach allows for another lawsuit in the nature of breach of contract.
The settlement is not tossed aside due to failure to comply.
I have forty three years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
Was a judgment entered? If not then make an application to the judge for enforcement of the settlement or in the alternative for opening the case where it left off.
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