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MadMonkey

Sanctions on opposing counsel

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Long story short, was sued for $100,000.00,  Litigated it myself. Negotiated a settlement of $800.00, and release of some domain and artistic copy-writes.  Cost to plaintiff, $23,000 in attorney fees.  Me, my time.

 

Opposing counsel does not like the fact that I am representing myself, and basically beating him.  Two weeks ago during a post mediation hearing, he claimed he was not satisfied with a Domain release I provided his client.  Stated he was not a techy guy so he could not verify the emails I provided him from the domain register.  Long story short the Judge asked me for a brief explanation of the process.  Three minutes later the judge was satisfied with my answer.  Opposing counsel insisted on setting on a calendar date just in case my explanation was not valid.  Long story short he p.o.ed the judge who agreed to his request.  She ordered him to appear and then looked at me and said she was satisfied with my explanation and stated that in the courts eyes  I had met my obligation and that I did not have to appear on the court date.

 

So here is my question, part of the settlement agreement was a signed agreement by both parties which spelled out everything.  The attorney is refusing to provide me his clients signed copy of the agreement.  I have requested this three times.  Also the Domain was to be transferred into one particular persons name.  When the domain was transferred they had it listed as hidden on the net.  A who's who shows a subsidiary of Register.com in Florida.  I have requested proof that the domain did transfer to the individual who is listed in the settlement.  A copy of the domain register transfer receipt with header information would suffice.

 

The court date is next week and I have a golden opportunity to just show up, and I think the judge will be on my side if I present these facts.  I am just wondering if I can request sanctions against the attorney and his client for failure to comply with the requests.  If anyone has any info on how to approach this I would be grateful.

 

The MadMonkey

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Sounds like a good job of negotiating on your part costing the plaintiff a substantial attorney fee but I don't know the value of what you had to concede. I was attempting to look up some rules of civil procedure and copyright laws as well as case law from your state which is unidentified so am unable. There has to be some previous precedent to be relied on that you can provide to the Judge and further your contentions. Maybe you can provide a court order and a motion for sanctions for the Judge to sign that will force the plaintiff to sign the agreement or pay the sanctions. Leverage always helps. 

 

http://scholar.google.com/scholar_case?case=12821916766918060083&q=domain+names&hl=en&as_sdt=2,38&as_vis=1

 

 

HP

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