Steps for Settlement - 2) If a wants the court to enter a...

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S TEPS FOR S ETTLEMENT Pre-filing of the complaint 1) Draft a written settlement agreement and have it signed by both parties. Post-filing of the complaint 1) If it is done before the answer is filed, then there is a need to file for a voluntary dismissal. Rule 41(a) allows a π who takes a voluntary dismissal to re-file the suit, so at this stage, one would have to include a provision stating that the π does not pursue this option. If the π does re- file, then Rule 8(c) provides for ‘accord and satisfaction’, which is an affirmative defense that the Δ must plead and prove.
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Unformatted text preview: 2) If a wants the court to enter a judgment on the merits. Rule 41(b) allows for an involuntary dismissal with prejudice. When doing this in Federal Court, it is important to include a provision in the agreement that retains jurisdiction over the settlement agreement, or a breach of the agreement will be treated as a contract claim and fail to qualify for federal jurisdiction. 2006 Stephen Hunt, Jr. Licensed Under the Creative Commons Attribution-Non-Commercial-ShareAlike License
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