For the record Gregory, let it be clear just how seriously I take this outrageous threat to re-open the case by Mr Simpson and his clients...I consider it a clear intent to re-open hostilities and will take full advantage of the opportunity to finish this case once and for all, with or without Mr Pickle...mediation
will never be an acceptable option...thunbs up or thimbs down, we go to the finish.
Reply
G. Arthur Joy to Gregory, bcc: Bob
show details May 26 (10 days ago)
You can play the misuse of process any way you wish, but let us be clear that we are complying with the ENTIRE order and let this serve as notice that a filing that violates the ENTIRE Order and that violates the Confidentiality Order will be grounds to pursue you personally and your client for the appropriate legal remedies. YOU ARE CLEARLY WRONG AND OUT OF LINE ON THIS ISSUE.
Since it is clear your clients, as in 3ABN, Danny Lee Shelton, the officers and directors, do not wish to see this litigation ever to come to a peaceful conclusion pursuant to the rule of law, I have no alternative but to conclude it is in my best interest to review carefully my post petition claims and to move expeditiously to exercise my right to litigate all claims to a complete and final conclusion.
An appropriate demand pursuant to Mass General Laws 93-A, et siq will follow.
Let this serve as CLEAR notice that if you pursue this effort to violate the ENTIRE order and the underlying Confidentiality Order, I will be compelled to draft a comprehensive complaint and YOU will be a party to that complaint. I will not tolerate further legal bullying form you or your clients.
Gailon Arthur Joy
AUReporter
Gregory, isn't it kind of expected, or assumed that all parties to keep files on the entire case and it's evidence even if they are settled out of court, in trial, or even dismessed? I would think so.
The short answer is: Yes.
The longer answer is more complicated: 1) Often times in an out of court settlement there will be an agreement (order) directing that one or more parties either return documents and/or destroy all copies in their possession. 2) The retention of documents after a stated time is often governed by a judicial order.
Number 2, above, is the issue here. The two sides each are making conflicting claims in regard to a judicial order. At this point, it is up to the one side to request that a judge order the other side to comply with the origonal order of the judge. Of course, such a request would give the other side an opportunity to rebut the request. NOTE: My wording is not to be construed as indicating which side I believe to be correct in its understanding.