Nelson v. Whirlpool Corporation et al

Filing 23

Order STRIKING the 22 Offer of Judgment filed by Whirlpool Corporation. Signed by Judge William H. Steele on 12/2/09. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAVID H. NELSON, etc., et al., Plaintiffs, v. WHIRLPOOL CORPORATION, et al., Defendants. ) ) ) ) ) CIVIL ACTION 09-0520-WS-M ) ) ) ) ORDER Defendant Whirlpool Corporation ("Whirlpool") has filed an unaccepted offer of judgment. (Doc. 22). This is improper. Fed. R. Civ. P. 68(a) (offer is to be served, not filed; once the offer is accepted, "either party may then file the offer and notice of acceptance"). "Rule 68 exhibits a strong federal policy against filing such offers with the court and a party may incur a significant sanction for filing an unaccepted offer of judgment." Scottsdale Insurance Co. v. Tolliver, 2009 WL 3233802 at *4 (N.D. Okla. 2009). The routine remedy is to strike the improperly filed offer. E.g., Berberena-Garcia v. Aviles, 258 F.R.D. 39, 40 (D.P.R. 2009); Estate of Enoch v. Tienor, 2008 WL 3244230 at *1 (E.D. Wis. 2008); Bechtol v. Marsh & McLennan Cos., 2009 WL 2074046 at *2 (W.D. Wash. 2008); Dieujuste v. R.J. Electric, Inc., 2007 WL 2409831 at *1 (S.D. Fla. 2007); St. Paul Fire & Marine Insurance Co. v.City of Detroit, 2007 WL 4126542 at *2 (E.D. Mich. 2007). For the reasons set forth above, the offer of judgment is stricken. DONE and ORDERED this 2nd day of December, 2009. s/ WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE

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