The opinion of the court was delivered by: David N. Hurd United States District Judge
A number of factual and legal issues must be clarified before a decision can be made with regard to the order to Show Cause for contempt, sanctions, payment of the Judgment and additional attorney's fees. (Docket No. 93)
Therefore, an evidentiary hearing, under oath, will be conducted on Wednesday, June 9th, 2010 at 10:30 a.m. in Utica, New York.
At the hearing, the plaintiff must be prepared to clarify the details regarding:
(1) (a) The receipt; (b) endorsement; (c) notification of his attorney; (d) oral contracts with state officials for defendant; (e) acceptance of the money; and (f) any written correspondence (sent or received) regarding the partial settlement check of $139,582.52;
(2) The voucher received and signed by plaintiff's former attorney Mary Humphrey;
(3) The voucher sent to plaintiff's attorney;
(4) The exact amount, now claimed to still be owed on the judgment; and
(5) Any other pertinent details, facts, or issues that plaintiff may wish to raise. The defendant must be prepared to clarify the details regarding:
(1) (a) The sending of the partial settlement check to plaintiff and not his attorney; (b) who made the decision; (c) who sent the check; (d) why only to the plaintiff; (e) written correspondence and explanation, if any, to plaintiff and/or plaintiff's attorney before or after the check was sent; and (f) copy of the endorsement by plaintiff;
(2) The sending of vouchers to plaintiff's present and former attorneys;
(3) The exact amount admitted to still be owed on the judgment; and
(4) Any other pertinent details, facts, or issues that defendants may wish to raise. Witness lists (with a brief outline of their testimony), and exhibit lists are to be filed on or before June 4, 2010.
In addition to prior submissions, both sides shall also file supplemental memorandum of law to answer the ...