Motion for Relief and Reinstatement­ Sanctions Attorney Fees

NOW COMES the Plaintiff, Mary Smith, by and through counsel, who moves pursuant to Rule 60(b) and Rule 11 of the Maine Rules of Civil Procedure as follows:

MOTION FOR RELIEF AND REINSTATEMENT ON THE DOCKET

PURSUANT TO RULE 60

1. In late March and early April of 1994 all parties to this action engaged in settlement discussions and arrived at an agreement to resolve the above captioned matter for the sum of thirty thousand ($30,000) dollars, twenty nine thousand ($29,000) dollars of which was to be paid by Defendant John Doe and one thousand ($ 1,000) dollars of which was to be paid by Defendant Harry Doe.

2. On March 18, 1994, Defendant John Doe forwarded to the undersigned counsel for the Plaintiff a settlement draft in the amount of $29,000, a release prepared by counsel for Defendant John Doe and a Stipulation of Dismissal prepared by counsel for Defendant John Doe.

3. On April 11, 1994, the undersigned counsel for the Plaintiff sent a letter to defense counsel for Defendant Harry Doe in which the Stipulation of Dismissal was included and in which confirmation of the $1,000 settlement was stated. A copy of Plaintiff's April 11, 1994 letter is attached hereto and made a part hereof as Exhibit A.

4. On April 13, 1994, counsel for Defendant Harry Doe sent a letter to counsel for the Plaintiff confirming the $1,000 settlement with an indication that a release and indemnity to the agreement had been prepared. The letter stated "I have prepared a release and draft in the amount of $1,000." A copy of this letter is attached hereto and made a part hereof as Exhibit B. The release and indemnity agreement prepared by defense counsel for Harry Doe consisting of three pages indicated that $1,000 was to be paid in consideration of Plaintiff's release against all defendants named in Plaintiff's Complaint. The release also included the following language: "Since freedom from costs of future litigation represents an important item of consideration bargained for by the parties to this release, it is agreed that damages recoverable for breach of this settlement agreement shall include reasonable attorney fees and other costs incurred as a consequence of such breach." A copy of the release is attached hereto and made a part hereof as Exhibit C.

5. On April 19, 1994, the undersigned counsel for the Plaintiff sent the duly executed release to counsel for the Defendant, Harry Doe. A copy of that letter is attached hereto and made a part hereof as Exhibit D.

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