Phillip Castaneda v. Kraft Heinz Foods Company

Filing 24

ORDER ENTERING Judgment Against Defendant and DISMISSING Action with Prejudice signed by District Judge Dale A. Drozd on 10/16/2018. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP CASTANEDA,

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No. 1:17-cv-01538-DAD-BAM

Plaintiff,
v.
KRAFT HEINZ FOODS COMPANY
LLC,

ORDER ENTERING JUDGMENT AGAINST
DEFENDANT AND DISMISSING ACTION
WITH PREJUDICE
(Doc. Nos. 22, 23)

Defendant.

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On October 15, 2018, plaintiff Phillip Castaneda filed a notice of acceptance of a Rule 68
offer and request for entry of judgment. (Doc. No. 23.)
Under Federal Rule of Civil Procedure 68(a), a defendant may serve an offer to allow

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judgment on specified terms to the opposing party at least two weeks before trial. Fed. R. Civ. P.

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68(a). The opposing party must accept the offer through written notice. Id. Thereafter, “either

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party may then file the offer and notice of acceptance, plus proof of service.” Id.

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Here, defendant served plaintiff’s counsel with a Rule 68 offer on October 10, 2018 in the

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amount of $20,000, which accounts for all damages, remedies, costs, attorneys’ fees, and interest

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currently accrued by plaintiff. (Doc. No. 23 at 4–5.) On October 15, 2018, plaintiff’s counsel

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provided written acceptance of the Rule 68 offer and requested that the court enter judgment in

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favor of plaintiff and against defendant in the sum of $20,000.00. (Id. at 1.)
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Accordingly,

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1. The hearing on defendant’s pending motion for summary judgment (Doc. No. 22)

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is vacated, and that motion is terminated as having been rendered moot by this

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order;

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2. This action is dismissed with prejudice; and

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3. The Clerk of the Court is directed to enter judgment in favor of plaintiff Phillip

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Castaneda and against defendant Kraft Heinz Foods Company LLC in the amount

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of $20,000 (Doc. No. 23) and close this case.

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IT IS SO ORDERED.
Dated:

October 16, 2018
UNITED STATES DISTRICT JUDGE

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