Jump to content
craig9035230

What can I do now?! Please help

Recommended Posts

 

I had a Court Order that was enforced on me and it was 1 yr non-solicitation from 9/7/2017 - 9/7/2018 on me on a exhibited List attached to the Court Order a snippet of the Settlement Agreement states the following;

 

Defendant agrees that neither he nor any individual or entity acting at his direction or on his behalf will solicit, contact, or engage in business transactions of any kind with the individuals, entities, and/or businesses listed at EXHIBIT A.

 

- Fact: There is no geography or any form of specifying identifiers just business names and or abbreviated names. No addresses, phone numbers or point of contacts enlisted.

 

A complaint was launched alleging a violation of the Order, by me transacting with a identified business in the exhibited list of the Order.

Issue: A name on the list is ABC Manufacturing and this business was restricted. However, ABC was purchased by a competitor before Order was granted. ABC is now owned by a large public traded corp. company and now called XYZ Manufacturing. 

 

The acquiring company decided to remain the location as is, the acquirer generated/changed the LLC name, restructured the LLC to be managed by the acquirer’s corp counselors and changed almost everything. There is no successorship in the Order at all, therefore I was legally allowed to transact with the identified business after he contacted me. The Plaintiff is stating that facility [even though its not mentioned in the Order], still has the same business services and is at the same location, therefore its unchanged. The judge pushed for limited discovery and a preliminary hearing is set after oral arguments were made.

 

They are using the buyer at that company at the hearing to verbalize he was still in charge of the same tasks even after the acquisition. The Plaintiff/Judge narrowed down the discovery to “ Is XYZ Manufacturing one in the same as ABC Manufacturing ? “ But, I just don’t get it, why is the Judge allowing this when there is no successor-ship at all, so even if it is found the same became of a guy’s testimony articulates they still do the same business operations? Can I still file a brief procedurally or what can I do at this point to further prevent legal cost on my end or avoid wasting further time? I was told the Judge said if the Plaintiff withdraws his amended relief, no briefing will be allowed, and he did.

 

But, what can I do? Can the Judge ignore the legal distinction or impose a favorable successorship language that doesn't exist and ignore State/Contract law? A preliminary hearing was set and limited discovery is due by Oct 31 and the Plaintiff has no evidence or no supporting documents besides a buyer's testimony to say he does the same operations after the acquisition.
 

Share this post


Link to post
Share on other sites

There are discovery methods, especially Requests for Admissions, that may assist you in establishing the essential facts in your favor.  However, a how-to-litigate this case is beyond the scope of this message board.  Since the alleged infringement of the agreement obviously occurrred in the past, what is the extent of damages or other relief sought?

Share this post


Link to post
Share on other sites
3 hours ago, RetiredinVA said:

There are discovery methods, especially Requests for Admissions, that may assist you in establishing the essential facts in your favor.  However, a how-to-litigate this case is beyond the scope of this message board.  Since the alleged infringement of the agreement obviously occurrred in the past, what is the extent of damages or other relief sought?

 

Discovery, I believe was done so far. They are asking for automatic monetary relief and want the monies made of the transaction from me.

Share this post


Link to post
Share on other sites
9 hours ago, craig9035230 said:

why is the Judge allowing this when there is no successor-ship at all, so even if it is found the same became of a guy’s testimony articulates they still do the same business operations?

 

No one here is in any position to explain the judge's reasoning in a case we know virtually nothing about.

 

 

9 hours ago, craig9035230 said:

Can I still file a brief procedurally or what can I do at this point to further prevent legal cost on my end or avoid wasting further time?

 

We have no information (because you didn't provide any) about briefing schedules or timing issues.

 

What "legal cost" are you talking about?  Do you have an attorney?  If so, then he/she is in a far better position to address your questions than anonymous strangers on the internet.

Share this post


Link to post
Share on other sites
9 minutes ago, pg1067 said:

 

No one here is in any position to explain the judge's reasoning in a case we know virtually nothing about.

 

 

 

We have no information (because you didn't provide any) about briefing schedules or timing issues.

 

What "legal cost" are you talking about?  Do you have an attorney?  If so, then he/she is in a far better position to address your questions than anonymous strangers on the internet.

 

I agree. Any subpoenas or depositions are scheduled to be done by Oct 31, preliminary hearing in Dec 1. What would you need to know, for you to know if I can file some a brief based on court rules?

Share this post


Link to post
Share on other sites
2 hours ago, craig9035230 said:

What would you need to know, for you to know if I can file some a brief based on court rules?

 

One would not only need to be familiar with all of the applicable court rules (i.e., be an attorney who practices law in your state), one would also need to have read all of the relevant orders issued to date.

Share this post


Link to post
Share on other sites
30 minutes ago, pg1067 said:

 

One would not only need to be familiar with all of the applicable court rules (i.e., be an attorney who practices law in your state), one would also need to have read all of the relevant orders issued to date.

 

So are you suggesting one is not tied to court rules to make unorthodox motions?

Share this post


Link to post
Share on other sites
8 minutes ago, craig9035230 said:

 

But your saying one doesnt need to know the applicable laws to file a motion but the case in its entirety...so that could also mean what I also meant?

 

Your failure to use normal grammar here makes it unclear what you're saying, but I certainly did not say that "one doesn[']t need to know the applicable laws to file a motion."

Share this post


Link to post
Share on other sites
4 minutes ago, craig9035230 said:

 

But your saying one doesnt need to know the applicable laws to file a motion but the case in its entirety...so that could also mean what I also meant?

 

The law is composed of the application of laws and rules to fact situations. Without knowing the facts of the case, it is foolish to attempt to determine which rules and laws may possibly apply.  A typical brief starts with a statement of the relevant facts followed by a discussion of how the law applies to that specific set of facts.  In order to file an effective brief or motion you must know  and cite the facts and the laws or rules. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...