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Back in May I went to my hearing and met with a lawyer from Hunt & Henriques and agreed upon a settlement out in the hall, before the hearing began. I've made the first two payments and now I just received in the mail a NOTICE OF MOTION AND MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL, POINTS AND AUTHORITIES IN SUPPORT OF MOTION,

Below is the case summary:

Histories (Dates listed in descending order)

07/26/2017 NOTICE OF MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL , DECLARATION, AND POINTS AND AUTHORITIES IN SUPPORT THEREOF FILED. RECEIPT # 11707xxxxxx . MATTER SET FOR HEARING ON 09/21/17 AT 08:30A M, IN DEPT. F43 .

07/12/2017 MINUTE ORDER AND CLERK'S NOTICE OF RULING MAILED TO ALL PARTIES. CLERK'S CERTIFICATE OF SERVICE FILED.

07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE.

07/11/2017 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM.

07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE.

06/28/2017 CASE FILE FORWARDED TO JUDGES CHAMBERS RE: 07/11/17 CALENDAR

06/09/2017 NOTICE OF CONDITIONAL SETTLEMENT FILED BY (CAPITAL ONE BANK USA N.A.) .

05/15/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F43 , HON. RICK BROWN, JUDGE PRESIDING FOR COURT TRIAL. PLAINTIFF APPEARING BY ANTHONY DIPIERO, ESQ. DEFENDANT APPEARING IN PRO PER . SETTLEMENT REACHED. COURT TRIAL ORDERED OFF CALENDAR. MATTER SET FOR ORDER TO SHOW CAUSE HEARING ON 07/11/17 AT 08:30A M, IN DEPT. F43 .

In the notice it states "...This dismissal was for failure to appear at the OSC. Plaintiff's counsel did not appear at the OSC because of a calendaring error."

 

Did they screw up? Did I screw up? Did we both screw up??? 

Do I need to now go back to court AGAIN on Sept 21st? 

What would the suggested course of action be for me? Any advice is appreciated.

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It is possible that, when you were all in Court on 05/15/2017 , the Judge set a further CMC on 7/11 just to make sure that the settlement reached had been properly documented, etc.  Maybe the Judge thought she did and forgot to tell the parties or send notice. 

It really doesn't matter to you, however.  If you agreed to settle, it does not matter whether you have an active case or not.  Plaintiff cares because it does not want the case to be dismissed until you make all the payments.  You don't have to attend the hearing on Plaintiff's motion to vacate, but you probably want to in case anything is said that you disagree with.

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I would not file anything but attend as calawer has said. You never know what could happen. they could tell the judge anything or make a new trial date. So one more time in court to wrap up loose ends

 

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