Cruz v. Ford Motor Company et al
Filing
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ORDER Entering Judgment Against Defendant Ford Motor Company and Setting Filing Deadline for Plaintiff's Motion for Attorneys' Fees and Costs signed by District Judge Kirk E. Sherriff on 03/26/2024. Sixty-Day Deadline. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICARDO CRUZ,
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Plaintiff,
v.
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FORD MOTOR COMPANY,
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Defendant.
No. 1:23-cv-00799-KES-SKO
ORDER ENTERING JUDGMENT AGAINST
DEFENDANT FORD MOTOR COMPANY
AND SETTING FILING DEADLINE FOR
PLAINTIFF’S MOTION FOR ATTORNEYS’
FEES AND COSTS
(Doc. 16)
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On March 15, 2024, Plaintiff Ricardo Cruz filed a notice of acceptance of Defendant’s
Federal Rule of Civil Procedure 68 offer of judgment. (Doc. 16.)
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). Any acceptance by the opposing party of the offer must be made through written notice.
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Id. Thereafter, “either party may then file the offer and notice of acceptance, plus proof of
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service.” Id.
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Here, Defendant Ford Motor Company served Plaintiff with a Rule 68 offer of judgment
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on March 5, 2024, in the amount of $199,438.05, less any remaining loan balance on Plaintiff’s
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2017 Ford F-250, VIN 1FT7W2BT6HEF39379 (“Subject Vehicle”). As part of the offer,
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Plaintiff was to surrender the Subject Vehicle within 30 days of Plaintiff’s acceptance of the
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offer. The offer also provided for reasonable attorneys’ fees and costs in the amount of $8,500.00
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or in an amount to be determined by the Court. (Doc. 16 at 4-5.) Plaintiff accepted the offer in
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writing on March 14, 2024. (Id. at 2.) Plaintiff now requests that judgment be entered in favor of
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Plaintiff and against Defendant Ford Motor Company in the sum of $199,438.05. (Id.) By not
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accepting the offer of $8,500.00 of attorneys’ fees and costs, Plaintiff reserved the matter of
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reasonable attorneys’ fees and costs, to be determined by the Court on motion. (Id. at 2, 5.)
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Defendant also reserved the right to oppose Plaintiff’s motion for attorneys’ fees and costs. (Id.
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at 5.)
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Accordingly,
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The Clerk of the Court is directed to enter judgment in favor of Plaintiff Ricardo
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Cruz and against Defendant Ford Motor Company in the amount of $199,438.05,
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plus reasonable attorneys’ fees and costs (Doc. 16);
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2.
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A stipulation or Plaintiff’s motion for attorneys’ fees and costs shall be filed within
60 days of the date of this order; and
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Defendant’s opposition, or statement of non-opposition, to any motion for
attorneys’ fees and costs, shall be filed in compliance with Local Rule 230.
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IT IS SO ORDERED.
Dated:
March 26, 2024
UNITED STATES DISTRICT JUDGE
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