Carolyn Sebestyen v. Leikin, Ingber & Winters, P.C, et al


Per Curiam OPINION filed : The district court's order is VACATED, and the case is REMANDED for further proceedings. Decision not for publication. Jeffrey S. Sutton and Raymond M. Kethledge, Circuit Judges; Sandra S. Beckwith, U.S. District Judge for the Southern District of Ohio, siting by designation.

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Case: 15-1517 Document: 29-2 Filed: 04/27/2016 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 16a0225n.06 Case No. 15-1517 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED CAROLYN SEBESTYEN, Plaintiff-Appellant, v. LEIKIN, INGBER & WINTERS, P.C.; PAUL M. INGBER, Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) Apr 27, 2016 DEBORAH S. HUNT, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN BEFORE: SUTTON and KETHLEDGE, Circuit Judges; BECKWITH, District Judge.* PER CURIAM. The district court, bound by then-governing Sixth Circuit precedent, held that the defendants’ unaccepted offer of judgment “rendered this case moot.” Sebestyen v. Leikin, Ingber & Winters, P.C., No. 13-cv-15182, 2015 WL 1439881, at *6–7 (E.D. Mich. Mar. 27, 2015). After the plaintiff appealed, the Supreme Court came out the other way, holding that “an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case.” Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016). In light of Campbell-Ewald, we vacate the district court’s order and remand for further proceedings. * The Honorable Sandra S. Beckwith, Senior United States District Judge for the Southern District of Ohio, sitting by designation.

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