[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Subject: Agreed Order of Dismissal with Prejudice — Compromise and Settlement of Disputes Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to discuss the matter of our ongoing dispute, and it is my sincere hope that we can reach a mutually agreed-upon resolution. In order to avoid further costs, time-consuming litigation, and the uncertainty that follows, I propose entering into an Agreed Order of Dismissal with Prejudice — Compromise and Settlement of Disputes. Firstly, let me provide you with a brief background on the dispute. [Provide a concise overview of the nature of the dispute, including key details such as parties involved, dates, and any relevant legal references if applicable.] The purpose of this letter is to propose a comprehensive settlement that will effectively resolve all outstanding disputes between us. By agreeing to an Agreed Order of Dismissal with Prejudice, both parties acknowledge that all claims and counterclaims related to this dispute will be permanently dismissed, and neither party will have the right to bring these claims before a court again in the future. To proceed further with this settlement, I suggest the following terms: 1. Payment Terms: Provide detailed information regarding the agreed-upon monetary amount and the manner in which it will be paid. Include specifics such as the due date and accepted payment methods. If there are any additional financial considerations or discounts included as part of the settlement, mention them here. 2. Release of Claims: Both parties must agree to release any claims or rights against each other, including any future claims that may arise from the dispute in question. This section should outline the legally binding release agreement. 3. Confidentiality: Consider whether the terms of the settlement should be kept confidential, and explicitly state the parties' obligations to maintain confidentiality. 4. Execution of the Agreement: Discuss the need for both parties to sign the agreement to signify their consent and compliance. Specify the deadline by which the agreement must be signed and returned. Please review the proposed terms and let me know if you have any concerns or suggestions for modification. I believe that this settlement is fair and reasonable, and it presents an opportunity for both parties to avoid the costs and uncertainties associated with prolonged litigation. Should you agree to the terms outlined in this letter, please sign and return the enclosed duplicate copy of this letter within [specify a reasonable deadline]. Upon receiving your signed agreement, I will promptly proceed with the necessary measures to formalize the settlement. I trust that we can bring this matter to a swift resolution and move forward amicably. Thank you for your attention to this letter, and I look forward to receiving your response. Yours sincerely, [Your Name]
Philadelphia Pennsylvania Sample Letter for Agreed Order of Dismissal with Prejudice - Compromise and Settlement of Disputes
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FAQ
Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.
When a court dismisses an action, they can either do so with prejudice or without prejudice. Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite.
By dismissing a case with prejudice, the judge has deemed that the case is settled and cannot move forward. After a case has been dismissed with prejudice, the defendant may be able to appeal the ruling in a higher court, but the option to file a new claim is eliminated.
If you were sued before filing bankruptcy, you may receive a Stipulation for Dismissal or similar document from the creditor that sued you at some point after filing your Chapter 7 case. It's basically an agreement letting the judge know that the court can dismiss (end/close) the case pending against you.
The court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte.
In civil procedure, when a court dismisses a case with prejudice, it means that the court intends for that dismissal to be final in all courts, and that res judicata should bar that claim from being reasserted in another court.
Primary tabs. When a court dismisses an action, they can either do so with prejudice or without prejudice. Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
A stipulation of dismissal may be either: With prejudice (meaning that the parties are precluded from re-filing the same claims later). Without prejudice (meaning that the parties may re-file the same claims again if done so in a timely manner).
The settlement agreement provides which party will be paying how much money to the other party and that the case will be dismissed. You and opposing counsel file a stipulated dismissal, ending the case.
