A remote offer is at the end of the compromise spectrum. It offers defendants the opportunity to try to settle a dispute without the defendant having to pay a sum of money to the undeserved plaintiffs to dismiss the proceedings. As small as a walk-in settlement offer may seem at first glance, it can lead to financial consequences (and in particular an order for compensation costs) if it is a genuine element of compromise in the specific facts and circumstances of the case. The court granted Sims the request to declare a partial waiver of professional secrecy (ECF No. 82), with the limitations recorded when taking evidence. The court upheld Sims` request to enforce the settlement agreement (ECF #65). Sims` alternative application for a partial summary verdict is DISMISSED as contested. I. Parties and Legal Counsel. 1. Lee filed a lawsuit against defendants Trees and Paul Sims, alleging sexual harassment, sex discrimination, assault, assault, and intentional infliction of emotional stress. (ECF No. 1.) 2.
The trees and Sims each responded to the complaint. (ECF Nos. 6, 8, 37.) Sims also brought four other counterclaims against Lee for intentionally inflicting emotional stress, illegally converting personal property, denigrating and intentionally interfering with a business relationship. (ECF No. 8, 37.) 3. Lee was represented by lawyer Eric Fjelstad (“Fjelstad”) at the start of the action. (ECF No. 1.) Fjelstad retired from his representation to Lee on April 21, 2016. (ECF No. 34.) Lee is now represented by attorneys Edwin A. Harnden and Tyler J.
Volm. (ECF No. 54.) 4. Trees is represented by Louis Santiago (“Santiago”) as a lawyer. (ECF No. 6.) 5. Sims is represented by Courtney Angeli (“Angeli”) and Kristine Lambert (“Lambert”). (ECF No. 8.) II January 2016 Conference. 6.
In January 2016, Fjelstad, Santiago, Angeli and Lambert met to discuss the status of this complaint. Sims and Lee did not attend this meeting, nor did a representative of Trees. (Tr. 13:2-17; 34:4-11; 47:17-48:10.) 7. Prior to the January 2016 meeting, Fjelstad discussed the upcoming meeting with Lee. Fjelstad told Lee that he expected a deal to be a meeting point. Lee and Fjelstad weren`t discussing what Fjelstad should do if Sims or Trees made an offer of comparison. .