Hello and thank you for the question. I am sorry to read of this dilemma.
Most cases dont get SJ granted
there are usually questions of fact
plaintiff if presents a viable case, questions of facts will usually be permitted to proceed.
The motion papers then should be focused on the proof of claim
and the questions that remain
so what happens next if def sj is not granted
discovery I take it is complete
the next step is the court scheduling pre trial and settlement conferences
see if the case can be resolved and otherwise prepare for trial
including deciding on schedules, witnesses, exhibits
financial woes would normally not factor into the decision
the decision would be based on merits of case
financial issues go to collectability post decision
and often impact settlement
If I can clarify something, ask me of course
if the def has financial issues and offer low settlement again, what amount should i settle for. i want the max of 300k for ada/relaliation plus the other that i ask for. what would be reasonable. i want to be made whole as if this illegal action never took place.
You want to consider the following:
1. what does defendant have
2. ask for tax returns to confirm it.
3. what will defendant likely get
4. what assets can you reach
5. costs of litigation
factor those in to reach an amount
and consider a payment plan
with default to a larger judgment if payment not timely made
your lawyer can structure that language for you
they have spent millions and millions wastefully, thus, gov removed all board members, they are on academic probation, and have governance issues which cauused the school dist to be put on probation.
I hope that is clear.
I would ask for financials
in connection with low offers
they have the money. but also have to lay off to make up for foolish spending
if they wont produce, there is money there!
they spent 15 mill def a 1/2 mill lawsuit and lost
makes no sense
Good luck with the case.
if you want me in the future, begin a question "for infolawyer only"
I am on most days
Kindly take a moment to click on a positive rating. I turned it on.
If I can clarify anything else, ask me
i did not take depositions from any witnesses or defendants. i had enough solid concrete evidence to proceed to trial although i did request docs during discovry, etc.
I did give a deposition. Def didnt do very in-depth depo thus it was considered weak by my new atty.
Would not having depoed anyone would that hurt my case if we went to trial?
Thats what i thought. I got it. Took me 3 years. Who negoitates settlement, does the judge order mediation or arbitration prior to proceeding to trial.
the atty that i have now was only hired to get through sj. i dont think i need an atty to negotiate settlement. i would only need him for trial. would that be ok in the judges eyes. because i would have to give him 1/3 if he negotiated settlement and i did all the work. the atty and i agreed. but will the judge let ,me dismiss him after sj is ruled and proceed pro se for settlement only.
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