UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Filing 141

Second MOTION for Evidentiary Hearing on Renewed Motion To Rescind Release of Claims by THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Attachments: # 1 Text of Proposed Order)(Murray, Charles)

U N I T E D STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

D o c . 141

U N IT E D STATES DISTRICT COURT F O R THE DISTRICT OF COLUMBIA

U N IT E D STATES OF AMERICA, P la in t if f , v. 8 GILCREASE LANE, QUINCY F L O R ID A 32351, et al., Defendants. ________________________________/ M O T IO N FOR EVIDENTIARY HEARING C o m es now Thomas A. Bowdoin, Jr., AdSurfDaily and Bowdoin/Harris E n terp rises, Inc., and move the court for an Order setting an Evidentiary Hearing on th e RENEWED MOTION TO RESCIND RELEASE OF CLAIMS filed by Movants an d in support thereof say: 1. O n September 14, 2009, Movants filed their RESPONSE TO ORDER TO CIVIL NO: 08-1345 (RMC)

S H O W CAUSE AND RENEWED MOTION TO RESCIND RELEASE OF CLAIMS. 2. In order to prove up the factual basis for rescinding the release of claims

M o v an ts must present evidence to this Court to establish such facts. 3. M IF Realty LP v. Rochester Associates, 92 F.3d 752, 756 (8th Cir. 1996)

states that settlement agreements must be based upon a meeting of the minds on essen tial terms to be enforceable, and "as a general rule, when the parties dispute the e x is te n c e or terms of an agreement, the parties must be allowed an evidentiary hearing".
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4.

L C v R 7 (f) provides that a party may request an oral hearing and Defendants

o b serv e that the Court has the inherent power to grant the requested relief in any event, p a r tic u la rly since the underlying motion requires the taking of evidence. 5. M o v an ts expect to present testimony from approximately five (5)

w itn esses in support of their motion. 6. 7. M o v an ts expect the hearing to last no more than ½ day. C o u n sel has conferred with opposing counsel who has his opposition

to this motion. W H E R E F O R E Movants request the court to enter its order granting and sch ed u lin g the requested Evidentiary Hearing. R esp ectfu lly submitted,

B y:

__________________________ C h arles A. Murray, Esq. 2 7 9 1 1 Crown Lake Blvd, Suite 223 B o n ita Springs, FL 34135-4218 P h o n e: 239-649-7773 F ax : 2 3 9 -2 6 2 -3 5 1 7 E m ail: [e-mail] C o u n sel to Thomas A. Bowdoin, Jr,. Adsurf Daily, Inc. and Bowdoin/Harris Enterprises, Inc.

serv ice by efiling
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