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 it
s convenience forecloses MVMâs defense that 3D was in breach of the
subcontract.
3. MVMâs counterclaim should be dismissed because MVM received payme
nt from the US Government in settlement of claims for the convenienc
e 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 D
C on Mediation. Donât worry about form. I am looking mainly for su
bstance. 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
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