Download Order of Stay/Dismissal

Disposition: Order of Stay/Dismissal

Issued by: Fee Arbitration Commission

Docket #: FAC# 17-090

Dated: July 31 2017

Bar Number: 007736

A hearing in the above matter was scheduled for June 9, 2017, before a duly authorized Fee Arbitration Panel of the Fee Arbitration Commission of the Board of Overseers of the Bar. This Panel was designated to hear the controversy existing between the above-named parties as set forth in the Petitioner's Petition. At the time set for the hearing, counsel for the Respondent appeared and informed the Panel that the parties had reached a settlement, which had been memorialized in a written Confidential Settlement Agreement and Mutual Release (the "Settlement Agreement"), dated June 8, 2017. Counsel for the Respondent also presented a Stipulation for Entry of Arbitration Award (the "Stipulation") that had been executed by both parties, which refers to the Settlement Agreement. The Stipulation calls for the entry of an award against Mr. McVay and in favor of the Respondent's firm in the amount of $29,867.41 but requests that the Panel stay that entry pending Mr. McVay's full satisfaction of his obligations under the Settlement Agreement.

Pursuant to the Stipulation, and with the agreement of the parties, the Panel hereby orders that further proceedings on the Petition be stayed pending the parties' full performances of their obligations under the Settlement Agreement. Unless the Fee Arbitration Commission receives notice from one or both the parties within one year indicating that those performances have not taken place, the Petition will be deemed dismissed with prejudice at the expiration of that time, and any claims of the parties relating to the underlying fees and costs at issue in this matter will be foreclosed. If the Commission is notified by either party that the Settlement Agreement has not been fully performed, this Panel or another duly constituted Panel will consider at that time what further action to take regarding the Petition.

Daniel J. Mitchell, Esq.
Panel Chair 1B
Fee Arbitration Commission