TIAI October 27

[Serenitys_Dream]

Can be related to Eliza´s case?

It is Eliza's case. A new motion has been filed on the case, that is what the redirection is pointing out.

There is not a new motion filed, it's a notice that the date for the start of the trial has been set.

November 30, I'm excited!

Motion was the wrong word, I should have said the judge made an order or something. I apologize for the mistake.

But the trial date hasn't been set that is the reason for the Scheduling Conference. To outline the schedule of different dates for things that are going to be addressed in the case.

"The scheduling conference is held for the Court to schedule certain dates and deadlines for the case.
At the scheduling conference, the Judge (or Master) will determine what the issues in the case are and set hearing dates and deadlines accordingly."

So all that is going to happen is a schedule for the case will be produced with dates of hearings to address any motions, discovery etc. and the trial date will be set. This case may still be settled before it gets to trial. No decisions have been made on the previously filed motions and every scheduled date is subject to motions to amend the Scheduling Order, after it has been created. This could still end quickly or it could be a lengthy process.

[paula-c]

Thanks TS, and in the case of PML is not present (which is what I believe will happen, maybe I'm wrong), Eliza wins is the case.?

[Serenitys_Dream]

Thanks TS, and in the case of PML is not present (which is what I believe will happen, maybe I'm wrong), Eliza wins is the case.?

Eliza and LMP are not required to be present at the Scheduling Conference. Only the judge and the lawyers involved are required to attend, to create the schedule for this case. No other decisions will be made at the Scheduling Conference, just a schedule of hearings for the case and that's it.

[~Souza~]

I really don't think Eliza will settle this case, no way.

[jacilovesmichael]

I really don't think Eliza will settle this case, no way.

No way, Jose! I agree.

[Serenitys_Dream]

I really don't think Eliza will settle this case, no way.

I didn't say Eliza will settle the case but the judge has not ruled on the motions and he can settle the case before it ever gets to a trial. No ruling has been entered in the motion for a summary judgment and that can go either way. The judge hasn't ruled on the whether the lawyer who filed motion for a summary judgment can even be involved in the case. Further motions could still be filed and nothing has even been addressed in the case yet.

[~Souza~]

I really don't think Eliza will settle this case, no way.

I didn't say Eliza will settle the case but the judge has not ruled on the motions and he can settle the case before it ever gets to a trial. No ruling has been entered in the motion for a summary judgment and that can go either way. The judge hasn't ruled on the whether the lawyer who filed motion for a summary judgment can even be involved in the case. Further motions could still be filed and nothing has even been addressed in the case yet.

As far as my knowledge reaches, a judge can't settle a case. Both parties have to agree and Eliza won't. I'm very positive about that. That means this will go to trial, since Eliza has given enough evidence and the defence didn't, they can only delay this further.

As far as I know, Eliza is a single mom. I think I saw a button on her website where you can donate. I support her case and I hope she wins this case, but I realize she needs all the financial support she can get.

[MissG]

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Who is the survivor of Vernon?  :?  How many kids did Vernon have?  :shock:

[Serenitys_Dream]

I really don't think Eliza will settle this case, no way.

I didn't say Eliza will settle the case but the judge has not ruled on the motions and he can settle the case before it ever gets to a trial. No ruling has been entered in the motion for a summary judgment and that can go either way. The judge hasn't ruled on the whether the lawyer who filed motion for a summary judgment can even be involved in the case. Further motions could still be filed and nothing has even been addressed in the case yet.

As far as my knowledge reaches, a judge can't settle a case. Both parties have to agree and Eliza won't. I'm very positive about that. That means this will go to trial, since Eliza has given enough evidence and the defence didn't, they can only delay this further.

Both parties do not have to agree. The motion for summary judgment is asking the Judge (court) to decide the case before it ever gets to trial. There has been no ruling on that motion, unless it hasn't been entered on that website.

The judge can rule in favour of the the lawyer who filed it and dismiss the case and then Eliza will have to appeal that decision. The judge can rule in favour of Eliza and she wins the case but it may be able to be appealed by the lawyer. That is what I meant by the judge settling it, coming to a decision on the motion for summary judgment. The judge can also just dismiss the motion for a summary judgment and continue the case.

There has been no ruling on the motion filed by Eliza' s lawyer which is addressing whether or not that Lawyer (who filed the motion for a summary judgment) should even be involved in the case either unless that also hasn't been included on the website.

[~Souza~]

I really don't think Eliza will settle this case, no way.

I didn't say Eliza will settle the case but the judge has not ruled on the motions and he can settle the case before it ever gets to a trial. No ruling has been entered in the motion for a summary judgment and that can go either way. The judge hasn't ruled on the whether the lawyer who filed motion for a summary judgment can even be involved in the case. Further motions could still be filed and nothing has even been addressed in the case yet.

As far as my knowledge reaches, a judge can't settle a case. Both parties have to agree and Eliza won't. I'm very positive about that. That means this will go to trial, since Eliza has given enough evidence and the defence didn't, they can only delay this further.

Both parties do not have to agree. The motion for summary judgment is asking the Judge (court) to decide the case before it ever gets to trial. There has been no ruling on that motion, unless it hasn't been entered on that website.

The judge can rule in favour of the the lawyer who filed it and dismiss the case and then Eliza will have to appeal that decision. The judge can rule in favour of Eliza and she wins the case but it may be able to be appealed by the lawyer. That is what I meant by the judge settling it, coming to a decision on the motion for summary judgment. The judge can also just dismiss the motion for a summary judgment and continue the case.

There has been no ruling on the motion filed by Eliza' s lawyer which is addressing whether or not that Lawyer (who filed the motion for a summary judgment) should even be involved in the case either unless that also hasn't been included on the website.

In that case the case will be dismissed, not settled.

[paula-c]

In this programming the judge meets with the lawyers, after several hearings and then is that you put a date on the last trial and the verdict.
If this is so, there is still a long way to go. :?:

[Serenitys_Dream]

I really don't think Eliza will settle this case, no way.

I didn't say Eliza will settle the case but the judge has not ruled on the motions and he can settle the case before it ever gets to a trial. No ruling has been entered in the motion for a summary judgment and that can go either way. The judge hasn't ruled on the whether the lawyer who filed motion for a summary judgment can even be involved in the case. Further motions could still be filed and nothing has even been addressed in the case yet.

As far as my knowledge reaches, a judge can't settle a case. Both parties have to agree and Eliza won't. I'm very positive about that. That means this will go to trial, since Eliza has given enough evidence and the defence didn't, they can only delay this further.

Both parties do not have to agree. The motion for summary judgment is asking the Judge (court) to decide the case before it ever gets to trial. There has been no ruling on that motion, unless it hasn't been entered on that website.

The judge can rule in favour of the the lawyer who filed it and dismiss the case and then Eliza will have to appeal that decision. The judge can rule in favour of Eliza and she wins the case but it may be able to be appealed by the lawyer. That is what I meant by the judge settling it, coming to a decision on the motion for summary judgment. The judge can also just dismiss the motion for a summary judgment and continue the case.

There has been no ruling on the motion filed by Eliza' s lawyer which is addressing whether or not that Lawyer (who filed the motion for a summary judgment) should even be involved in the case either unless that also hasn't been included on the website.

In that case the case will be dismissed, not settled.

To decide to dismiss a case, is to settle it.

Settlement
a conclusive resolution of a matter and disposition of it; resolve

Disposition
disposal: the act or means of getting rid of something

Dismiss
cease to consider

Resolving Your Case Before Trial: Court Motions
Pretrial motions can resolve many important questions about your lawsuit. A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during the litigation, it is a nondispositive motion. The information below is intended to give you a basic idea of dispositive motions that might end your case before trial, and how those motions work.

Summary Judgment Motion
In some cases, the key facts are not disputed and require that judgment be entered for one of the parties. This is known as a summary judgment, in that it summarily ends the case before trial. The purpose of a trial is to have somebody -- the judge or the jury -- decide what the facts are. If the facts are not in dispute, there is no need for a trial. Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.

Summary judgment is described as "a blunt instrument" that can abruptly terminate the litigation. To avoid a summary judgment, the other party must provide the court with evidence that would be permitted at trial that indicates that the key facts are disputable. If the court agrees with the party opposing the motion and finds that the key facts are in dispute, the court cannot enter judgment and must instead send the case to trial.
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Summary Judgment
A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through discovery, by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. If there's nothing for the jury to decide, then, the moving party asks rhetorically, why have a trial? The moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in favor of the moving party. In many jurisdictions, a party moving for summary judgment takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party who is entitled to judgment as a matter of law.
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[~Souza~]

Ok, I will copy and paste some stuff too:

Settlement:

In civil lawsuits, settlement is an alternative to pursuing litigation through trial. Typically, it occurs when the defendant agrees to some or all of the plaintiff's claims and decides not to fight the matter in court. Usually, a settlement requires the defendant to pay the plaintiff some monetary amount. Popularly called settling out of court, a settlement agreement ends the litigation. Settlement is a popular option for several reasons, but a large number of cases are settled simply because defendants want to avoid the high cost of litigation. Settlement may occur before or during the early stages of a trial. In fact, simple settlements regularly take place before a lawsuit is even filed. In complex litigation, especially Class Action suits or cases involving multiple defendants, a settlement requires court approval.

Civil lawsuits originate when a claimant decides that another party has caused him or her injury and files suit. The plaintiff seeks to recover damages from the defendant. The defendant's attorney will evaluate the plaintiff's claim. If the plaintiff has a strong case and the attorney believes defendant is likely to lose, the attorney may recommend that the defendant settle the case. By settling, the defendant avoids the financial cost of litigating the case. Trials are often extremely expensive because of the amount of time required by attorneys, and even alternatives to trials, such as mediation and Arbitration, can be costly. In deciding whether to settle a claim, attorneys act as intermediaries. The parties to the suit must decide whether to offer, accept, or decline a settlement.

The cost of litigation is only one factor that encourages settlement. Both plaintiffs and defendants are often motivated to settle for other reasons. For one thing litigation is frequently unpleasant. The process of discovery—in which both sides solicit information from each other—can cause embarrassment because considerable personal and financial information must be released. Litigation can also have a harmful impact on the public reputation of the parties. Employers, for example, sometimes settle Sexual Harassment claims in order to avoid unwanted media exposure or damage to employee morale.

Like litigation itself, settlement is a process. Generally, the easiest time to settle a dispute is before litigation begins, but many opportunities for settlement present themselves. As litigation advances toward trial, attorneys for both sides communicate with each other and with the court and gauge the relative strength of their cases. If either of the parties believes he is unlikely to prevail, he is likely to offer a settlement to the other party.

Litigation ends when a settlement is reached. The plaintiff typically agrees to forgo any future litigation against the defendant, and the defendant agrees to pay the plaintiff some monetary amount. Additionally, settlements can require the defendant to change a policy or stop some form of behavior.

Often, the exact terms of settlements are not disclosed publicly, particularly in high-profile cases where the defendant is seeking to protect a public reputation. In high-profile cases, settlements are often followed by a public statement by the defendant. It is not unusual for a large company to settle with a plaintiff for an undisclosed amount and then to issue a statement saying that the company did nothing wrong.

In some forms of litigation, settlement is more complex. In class actions, for example, attorneys represent a large group of plaintiffs, known as the class, who typically seek damages from a company or organization. Courts review the terms of a class action settlement for fairness. Complexities also arise in cases involving multiple defendants. In particular, when only some of the defendants agree to settle, the court must determine the share of liability that accrues to those defendants who choose to pursue litigation.

[Andrea]

Ok, I will copy and paste some stuff too:

 :lol: Sorry, that made me laugh for some reason.

[jacilovesmichael]

Ok, I will copy and paste some stuff too:

 :lol: Sorry, that made me laugh for some reason.

Lol, me too.. but I wasn't going to say anything  :lol: oops! I guess sarcasm is my second language lol...