Mugrauer et al v. Modesto et al

Filing 24

ORDER for Clerk to Enter Judgment Pursuant to Plaintiff Patricia Mugrauer's Acceptance of a Rule 68 Offer of Judgment, signed by District Judge Anthony W. Ishii on 1/19/17. Patricia Mugrauer terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICIA MUGRAUER and WADE
MUGRAUER,
Plaintiffs

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v.
CITY OF MODESTO, et al.,

CASE NO. 1:16-CV-0480 AWI SAB
ORDER FOR CLERK TO ENTER
JUDGMENT PURSUANT TO
PLAINTIFF PATRICIA MUGRAUER’S
ACCEPTANCE OF A RULE 68 OFFER
OF JUDGMENT

Defendants
(Doc. No. 23)

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On January 15, 2017, Plaintiff Patricia Mugrauer filed a notice of acceptance of

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Defendants’ Rule 68 offer of judgment. Plaintiff requested that judgment be entered against the

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City of Modesto pursuant to the terms of the Rule 68 offer, but that the matter of attorneys’ fees

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and costs be set by the Court if the parties cannot reach an agreement. See Doc. No. 23.

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Federal Rule of Civil Procedure 68 provides in relevant part: “. . . a party defending

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against a claim may serve on an opposing party an offer to allow judgment on specified terms,

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with the costs then accrued. If . . . the opposing party serves written notice accepting the offer,

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either party may then file the offer and notice of acceptance, plus proof of service. The clerk must

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then enter judgment.” Fed. R. Civ. P. 68(a). As Rule 68(a) provides, once an offer of judgment is

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accepted, the clerk is under a duty to enter judgment. See id.; Nusom v. Comh Woodburn, Inc.,

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122 F.3d 830, 834 (9th Cir. 1999).

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Here, the terms of the Rule 68 offer are essentially that: (1) judgment be entered in favor

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of Patricia Mugrauer and against the City of Modesto in the sum of $745,651.01, plus reasonable

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attorneys’ fees and costs incurred up to the date of the offer; (2) all claims against all Defendants

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by Patricia Mugrauer be dismissed with prejudice; and (3) the amount of accrued costs and

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attorneys’ fees are to be set by the Court in accordance with applicable law. See Doc. No. 23 at

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Ex. A ¶¶ 1-3. The Rule 68(a) offer does not address the claims of Plaintiff Wade Mugrauer. See

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id. at Ex. A. “Rule 68 offers and acceptances . . . are actively supported by courts.” Latshaw v.

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Trainer Wortham & Co., 452 F.3d 1097, 1103 (9th Cir. 2006). Therefore, the Court will direct the

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Clerk to enter judgment in favor of Patricia Mugrauer and provide a mechanism for resolving the

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issue of fees and costs.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk shall enter judgment in favor of Patricia Mugrauer and against the City of
Modesto in the amount of $745,651.01;

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2. All claims by Patricia Mugrauer against all Defendants are DISMISSED with prejudice;

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3. The Clerk shall note on the docket that Patricia Mugrauer was terminated as a party as of

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the date of this order;
4. The parties shall meet and confer regarding the costs and attorneys’ fees that Patricia
Mugrauer has accrued up to and including January 11, 2017;

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a. If the parties reach an agreement as to the amount of Patricia Mugrauer’s costs

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and attorney’s fees, the parties shall submit a stipulation and proposed order to

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the Court as soon as possible;

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b. If no agreement or stipulation can be reached by February 10, 2017, then

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Patricia Mugrauer shall file a motion for costs and attorneys’ fees on or by

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February 16, 2017, Defendants shall file a response or opposition on or by

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February 23, 2017, and Patricia Mugrauer shall file a reply on or by March 2,

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2017; and

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5.

This case remains open with respect to the claims made by Plaintiff Wade
Mugrauer.

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IT IS SO ORDERED.
Dated: January 19, 2017
SENIOR DISTRICT JUDGE

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