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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RITA GODOY, 12 Plaintiff, 13 14 No. 1:16-cv-00969-DAD-JLT v. FAMILY DOLLAR, INC., 15 ORDER ENTERING JUDGMENT IN FAVOR OF PLAINTIFF RITA GODOY AND AGAINST DEFENDANT FAMILY DOLLAR, INC. Defendant. (Doc. No. 24) 16 17 On August 3, 2017, plaintiff Rita Godoy filed a notice of acceptance of defendant Family 18 19 Dollar, Inc.’s offer of judgment pursuant to Federal Rule of Civil Procedure 68(a). (Doc. No. 24.) 20 Plaintiff attached as an exhibit to this notice defendant Family Dollar, Inc.’s offer of judgment. 21 (Doc. No. 24 at 4–5.) The offer allowed judgment to be entered against Family Dollar, Inc. and 22 in favor of Rita Godoy in the amount of $30,000 and is intended to resolve all claims in the 23 action, including any and all compensatory damages, statutory damages, attorneys’ fees, litigation 24 expenses, costs of suit, and interest. (Id.) Defendant’s offer of judgment was served by United 25 States mail on July 12, 2017. (Id. at 7.) Plaintiff’s acceptance of the offer was served by 26 electronic transmission and overnight delivery on July 27, 2017. (Id. at 2.)1 27 28 1 Under the court’s scheduling order, this action was scheduled for jury trial to commence on January 30, 2018. (Doc. No. 18.) 1 1 Rule 68(a) states, in relevant part: 2 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. 3 4 5 6 It is widely accepted that “[t]he [Rule 68] offer, once made, is non-negotiable; it is either 7 accepted, in which case it is automatically entered by the clerk of court, or rejected, in which case 8 it stands as the marker by which the plaintiff’s results are ultimately measured.” Nusom v. Comh 9 Woodburn, Inc., 122 F.3d 830, 834 (9th Cir. 1997). 10 In this matter the Rule 68 offer was made at least fourteen days prior to the scheduled trial 11 date and the offer was timely accepted.2 Plaintiff has since filed the offer and notice of 12 acceptance as well as a proof of service with the court. 13 Accordingly, because the procedural requirements of Rule 68 have been met: 14 1) The Clerk of the Court is directed to enter judgment in favor of plaintiff Rita Godoy and 15 against defendant Family Dollar, Inc. in the amount of $30,000; and 16 17 2) The Clerk of the Court is directed to close the case. IT IS SO ORDERED. 18 Dated: August 4, 2017 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2 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). 2

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