Niedermeier v. Duckett et al

Filing 56

Judge F. Dennis Saylor, IV: ORDER entered denying 52 Motion to Reopen Case (FDS, law1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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CHRISTINE M. NIEDERMEIER,
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Plaintiff,
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v.
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WIGGIN & NOURIE, P.A.; DANIEL
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DUCKETT; and CYRUS RILEE, III,
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Defendants.
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___________________________________________)

Civil Action No.
15-11663-FDS

ORDER ON MOTION TO REOPEN
SAYLOR, J.
On May 25, 2018, the parties reported that a settlement had been reached, and the Court
entered an order of dismissal. Plaintiff Christine Niedermeier has since moved to reopen the
case, disputing certain language defendants included in the general release and stipulation of
dismissal form. It appears the parties dispute whether plaintiff’s claims are released as to nonparty Axis Insurance and whether plaintiff must execute the release before receiving the
settlement proceeds.
As to the first issue, the Court finds that there was a valid contract between plaintiff and
defendants Wiggin & Nourie, P.A., Daniel Duckett, and Cyrus Rilee. See Conte v. Bank of
America, N.A., 52 F. Supp. 3d 265 (D. Mass. 2014) (“The essential elements of a valid contract
are an offer, an acceptance, and consideration.”). In exchange for the agreed-upon confidential
settlement amount, plaintiff would release and discharge all claims against the named
defendants. That settlement agreement is enforceable. It does not appear, however, that the

parties ever had a meeting of the minds as to whether Axis Insurance should be released as part
of the settlement.
As to the second issue, the execution of the release and payment of the proceeds are
consideration for each other. It is immaterial whether they occur simultaneously, or in any
particular sequence that is reasonably simultaneous.
Accordingly, plaintiff has not shown good cause to reopen the case, and the motion to
reopen is DENIED. The parties are directed to execute a general release consistent with this
order, and defendants are directed to pay the settlement proceeds reasonably simultaneously with
the execution of the release.
So Ordered.
/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: June 28, 2018

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