Godoy v. Family Dollar, Inc.

Filing 25

ORDER Entering Judgment in Favor of Plaintiff Rita Godoy and Against Family Dollar, Inc., signed by District Judge Dale A. Drozd on 8/4/17. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RITA GODOY,

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Plaintiff,

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No. 1:16-cv-00969-DAD-JLT

v.
FAMILY DOLLAR, INC.,

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ORDER ENTERING JUDGMENT IN FAVOR
OF PLAINTIFF RITA GODOY AND
AGAINST DEFENDANT FAMILY DOLLAR,
INC.

Defendant.
(Doc. No. 24)

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On August 3, 2017, plaintiff Rita Godoy filed a notice of acceptance of defendant Family

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Dollar, Inc.’s offer of judgment pursuant to Federal Rule of Civil Procedure 68(a). (Doc. No. 24.)

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Plaintiff attached as an exhibit to this notice defendant Family Dollar, Inc.’s offer of judgment.

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(Doc. No. 24 at 4–5.) The offer allowed judgment to be entered against Family Dollar, Inc. and

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in favor of Rita Godoy in the amount of $30,000 and is intended to resolve all claims in the

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action, including any and all compensatory damages, statutory damages, attorneys’ fees, litigation

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expenses, costs of suit, and interest. (Id.) Defendant’s offer of judgment was served by United

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States mail on July 12, 2017. (Id. at 7.) Plaintiff’s acceptance of the offer was served by

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electronic transmission and overnight delivery on July 27, 2017. (Id. at 2.)1

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Under the court’s scheduling order, this action was scheduled for jury trial to commence on
January 30, 2018. (Doc. No. 18.)
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Rule 68(a) states, in relevant part:

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At least 14 days before the date set for trial, a party defending
against a claim may serve on an opposing party an offer to allow
judgment on specified terms, with the costs then accrued. If, within
14 days after being served, the opposing party serves written notice
accepting the offer, either party may then file the offer and notice of
acceptance, plus proof of service. The clerk must then enter
judgment.

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It is widely accepted that “[t]he [Rule 68] offer, once made, is non-negotiable; it is either

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accepted, in which case it is automatically entered by the clerk of court, or rejected, in which case

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it stands as the marker by which the plaintiff’s results are ultimately measured.” Nusom v. Comh

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Woodburn, Inc., 122 F.3d 830, 834 (9th Cir. 1997).

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In this matter the Rule 68 offer was made at least fourteen days prior to the scheduled trial

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date and the offer was timely accepted.2 Plaintiff has since filed the offer and notice of

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acceptance as well as a proof of service with the court.

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Accordingly, because the procedural requirements of Rule 68 have been met:

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1) The Clerk of the Court is directed to enter judgment in favor of plaintiff Rita Godoy and

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against defendant Family Dollar, Inc. in the amount of $30,000; and

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2) The Clerk of the Court is directed to close the case.
IT IS SO ORDERED.

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Dated:

August 4, 2017
UNITED STATES DISTRICT JUDGE

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This deadline was extended by an additional three days in light of the service of the offer by
United States mail. See Fed. R. Civ. P. 6(d).
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