Mississippi Sample Letter for Agreed Order of Dismissal with Prejudice - Compromise and Settlement of Disputes

State:
Multi-State
Control #:
US-0312LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Agreed Order of Dismissal with Prejudice — Compromise and Settlement of Disputes Dear [Recipient's Name], I hope this letter finds you well. I am writing to propose a resolution to the ongoing legal dispute between [Plaintiff's Name] and [Defendant's Name]. After careful consideration and negotiation, we have reached an agreement that we believe is fair and equitable for both parties involved. This letter serves as a formal request to enter into an Agreed Order of Dismissal with Prejudice, in which both parties agree to voluntarily dismiss the pending litigation and release any claims against each other. The terms of our agreement are as follows: 1. Parties Involved: — Plaintiff's Name: [Full Name— - Defendant's Name: [Full Name] 2. Overview of Dispute: Provide a brief background on the nature of the dispute, outlining any key events or actions that led to the litigation. Highlight the main areas of disagreement and any legal claims made by either party. 3. Settlement Terms: Outline the terms agreed upon by both parties to resolve the dispute. This may include financial compensation, division of assets, payment schedules, or any other specific agreements reached. It is crucial to be specific and detailed in listing the terms to avoid any future misunderstandings or disagreements. 4. Mutual Release of Claims: Both parties agree to release each other from any and all claims, demands, or causes of action arising from or related to the dispute. This release applies to past, present, or future claims, including any contractual, tort, or statutory claims. Each party affirms that they have not transferred or assigned any claims to third parties. 5. Confidentiality: If the parties agree to maintain strict confidentiality regarding the details of the settlement, this section should be included. Specify the consequences of breaching confidentiality and the exceptions granted for disclosing information to legal and tax advisors or as required by law. 6. Dismissal with Prejudice: Both parties consent to a dismissal of the pending litigation with prejudice and request the court to enter an Agreed Order of Dismissal with Prejudice. This dismissal bars any future claims related to the current dispute and prevents any subsequent litigation between the parties concerning the same matter. 7. Governing Law and Jurisdiction: Specify that this agreement is governed by the laws of the state of Mississippi. Emphasize that any disputes arising from or related to the agreement will be subject to the exclusive jurisdiction of the state and federal courts located within Mississippi. 8. Entire Agreement: State that this letter constitutes the entire agreement between the parties, supersedes any prior negotiations or agreements, and cannot be modified or amended except in writing and signed by both parties. 9. Execution: Provide spaces for both parties to sign and date the letter, indicating their acceptance and agreement to its terms. Encourage each party to seek legal counsel before signing the agreement to ensure their full understanding and consent. Please review the proposed terms outlined in this letter and let us know if you have any suggested modifications or if you need further clarification on any aspect of the agreement. Your prompt response is appreciated to expedite the resolution process. Upon reaching a mutual agreement, we will work together to file the necessary documents and seek court approval for the Agreed Order of Dismissal with Prejudice. Thank you for your attention to this matter. We believe this settlement is in the best interest of both parties and will help to avoid further costs, time, and distress associated with continued litigation. We look forward to your response and achieving a mutually beneficial resolution. Sincerely, [Your Name]

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FAQ

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.

?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).

Canada's Settlement Privilege The Canadian settlement privilege began as the ?without prejudice? rule adopted from English common law. ing to the rule, communications made ?without prejudice? in the course of settlement negotiations were inadmissible in evidence.

A dismissal with prejudice is much more desirable for the defendant than dismissal without prejudice. When a criminal case is dismissed with prejudice, the prosecutor cannot file new charges or reopen the case. The dismissal permanently ends the case in the defendant's favor.

First, I will comment on the use of ?with prejudice? on the face of correspondence written by counsel. Those words usually mean that the writer of the letter intends to be bound by it, that is, that the author seeks to fix legal rights: Leonardis v. Leonardis (2003), 50 Alta.

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This Settlement Agreement is executed in connection with the compromise and settlement of disputed claims in the Plaintiffs lawsuit. The Parties understand ... Feb 6, 2012 — attached Settlement Agreement, hereby agree to dismiss this case with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The parties ...This Agreement constitutes a compromise, settlement, and release of disputed claims and is being entered into solely to avoid the burden, inconvenience, and ... Sep 27, 2006 — ... the matter in exchange for a dismissal with prejudice and a waiver of costs. Plaintiffs accepted the offer. While Judge Altman prepared a ... Apr 30, 2013 — agreed order of dismissal. (h). Sanctions. If a party, party ... The parties reached a compromise settlement of all issues and a complete. Aug 17, 2023 — Ohio Bell agrees to pay Ms. Zele $[redacted] in exchange for a full release of claims and covenant not to sue; indemnification of taxes;. (8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and. (9) Receive money or other ... At the completion of the temporary or limited representation, the attorney shall file a notice of completion of representation with the clerk of the court. Rule ... Nov 16, 2022 — This settlement agreement contains the entire agreement between the Parties hereto, and Plaintiff acknowledges and agrees that no promise or ... The trial court agreed, granted the Motion to Enforce Settlement, and dismissed all of Plaintiffs' claims against the Grefers. Plaintiffs appealed. This Court ...

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Mississippi Sample Letter for Agreed Order of Dismissal with Prejudice - Compromise and Settlement of Disputes