[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Mediation statement

Hi Haytham,
I used some of the court documents to do the facts section of the mediation statement, but wanted to find out if you agree with the legal issues or if you feel there are additional ones. Also, can you please send me a note when you have a chance to let me know where you think some areas of agreement and options for settlement may be based on your conversation with the attorney for MVM this morning (or was it yesterday)? 

The key legal issues I have in the statement so far are:
1. 3D has met its all obligations under its subcontract with MVM and is entitled to payment. In not paying the invoices as agreed under the subcontract, MVM is in bad faith breach of its contract with 3D. 2. The U.S. Governmentâs termination of the contract with MVM for its convenience forecloses MVMâs defense that 3D was in breach of the subcontract. 3. MVMâs counterclaim should be dismissed because MVM received payment from the US Government in settlement of claims for the convenience of the Government.
I got these from the first complaint filed by Allen Tsimpedes. I noticed that the amended complaint alleges unjust enrichment, promissory estoppel, intentional misrepresentation, constructive fraud, concealment/non-disclosure, negligent/intentional interference with business advantage, and conversion. Are these also legal issues you want me to include in the mediation statement? Also, do I just need to list the issues, or should I also include a short legal argument under each legal issue? 

Thanks,

Carolynn Beck
(202) 316-1367



On Apr 7, 2010, at 12:42 PM, Haytham Faraj wrote:

Carolynn:
I didnât have an example to send you but copied the local rule for DC on Mediation. Donât worry about form. I am looking mainly for substance. Please limit this to no more than 10 hours. 

Thank you

LCvR 84.6
MEDIATION STATEMENTS
(a) CONTENT AND TIMING.
No later than seven days prior to the first mediation session, each party shall submit directly to the mediator a confidential mediation statement. The mediation statement shall not exceed ten pages and shall outline the underlying facts of the dispute, the key legal issues in the case, possible areas of agreement and options for settlement, and the settlement history of the dispute, if any. The mediation statement shall also identify, by 
name and title or status:
(1) the person(s) with decision-making authority, who in addition to counsel, will 
attend the mediation as representative(s) of the party; and
(2) persons connected with either party (including insurer representatives) whose 
presence might substantially improve the utility of the mediation or the
prospects for settlement.
(b) CONFIDENTIAL NATURE OF STATEMENT.
Mediation statements shall not be filed with the Court or served upon other parties to 
the lawsuit.

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
WASHINGTON DC×  SAN DIEGO × DEARBORN
www.puckettfaraj.com
888.970.0005 Toll Free
202.280.1039 Fax
The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.