Patty et al v. FCA US LLC

Filing 31

ORDER signed by District Judge Morrison C. England, Jr. on 06/05/19 ORDERING that Plaintiffs David John Patty and Sheila Renee Kirchner shall recover the sum of $99,000.00 as the total amount to be paid by Defendant FCA US LLC on account of an y liability claimed in this action, plus a sum of equal to the aggregate amount of costs and expenses, including attorney's fees. Not later 30 days, Plaintiffs are directed to file any motion for attorneys' fees and costs. Clerk of the Court to enter judgment in favor of Plaintiffs. (Benson, A.)

1

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11 DAVID JOHN PATTY and
12 SHEILA RENEE KIRCHNER,

Case No.: 2:16-cv-01332-MCE-CKD

13

NOTICE OF ACCEPTANCE
WITH OFFER OF JUDGMENT

Plaintiffs,

14
15

v.

Honorable Morrison C. England, Jr.

16
17

FCA US LLC, a Delaware Limited
18 Liability Company; and DOES 1
19 through 10, inclusive,
20
21

Defendants.

22
23
24
25
26
27
28
NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT
2:16-cv-01332-MCE-CKD

1

TO THE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

2

WHEREAS, Plaintiffs David John Patty and Sheila Renee Kirchner filed their

3

Complaint on May 19, 2016, and Defendant FCA US LLC, through their counsel, allows

4

entry of judgment to be taken against it;

5

WHEREAS, Defendant FCA US LLC served their Amended Offer of Judgment

6

Pursuant to Rule 68 of the Federal Rules of Civil Procedure (“Offer of Judgment”) on

7

Plaintiffs’ counsel on May 4, 2018;

8

WHEREAS, Plaintiffs David John Patty and Sheila Renee Kirchner have accepted

9

Defendant FCA US LLC’s Offer of Judgment on May 16, 2018, a true and correct copy

10

of which is attached as Exhibit A to the Notice of Acceptance with Offer of Judgment at

11

ECF No. 30.

12

NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that:

13

1.

Plaintiffs David John Patty and Sheila Renee Kirchner shall recover the sum

14

of $99,000.00 as the total amount to be paid by Defendant FCA US LLC on

15

account of any liability claimed in this action, plus a sum of equal to the

16

aggregate amount of costs and expenses, including attorney’s fees based on

17

actual time reasonably incurred in connection with the commencement and

18

prosecution of this action pursuant to Civil Code Section 1794(d), to be

19

determined by the Court if the parties cannot agree;

20

2.

filed, Plaintiffs are directed to file any motion for attorneys’ fees and costs.

21
22
23
24
25

Not later than thirty (30) days following the date this Order is electronically

3.

In the meantime, the Clerk of the Court is directed to enter judgment in favor
of Plaintiffs.

IT IS SO ORDERED.
Dated: June 5, 2019

26
27
28
1
NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT
2:16-cv-01332-MCE-CKD