Federico v. Ford Motor Co., et al.,

Filing 24

ORDER signed by District Judge Dena M. Coggins on 11/25/2024. The Clerk of the Court is directed to enter judgment in favor of Plaintiff and against Defendant Ford Motor Company in the amount of $120,000.00, plus reasonable attorneys' f ees and costs 23 ; and Within thirty (30) days from the date of entry of this order, the parties shall file a notice informing the court that they have resolved the issue of attorneys' fees and costs among themselves, or Plaintiff shall file a motion for attorneys' fees and costs. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURENCE FEDERICO,

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Plaintiff,

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v.

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FORD MOTOR COMPANY,

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Defendant.

No. 2:23-cv-02851-DC-CSK

ORDER ENTERING JUDGMENT AGAINST
DEFENDANT PURSUANT TO NOTICE OF
ACCEPTED RULE 68 OFFER
(Doc. No. 23)

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On November 22, 2024, Plaintiff filed a notice of acceptance of Defendant’s Federal Rule

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of Civil Procedure 68 offer of judgment. (Doc. No. 23.) Therein, Plaintiff requests that judgment

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be entered in his favor in the amount of $120,000.00 pursuant to the terms of the accepted Rule

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68 offer. (Id. at 2.)

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Pursuant to Federal Rule of Civil Procedure 68(a), at least 14 days before trial, a

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defendant may serve an offer to allow judgment on specified terms to the opposing party. Fed. R.

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Civ. P. 68(a). Any acceptance by the opposing party of the offer must be made through written

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notice. 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 served Plaintiff with a Rule 68 offer of judgment in the amount of

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$120,000.00, plus reasonable attorneys’ fees and costs in an amount to be determined by the court

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upon a noticed motion if the parties are unable to resolve the issue of attorneys’ fees and costs
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themselves. (See Doc. No. 23 at 5–6.) Plaintiff accepted the offer in writing on November 7,

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2024. (Id. at 7.) Plaintiff requests that judgment be entered in favor of Plaintiff and against

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Defendant in the sum of $120,000.00, and that the matter of reasonable attorneys’ fees and costs

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be reserved, to be resolved by the parties or determined by the court on motion. (Id. at 2, 5.)

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Defendant also reserved all defenses to Plaintiff’s motion for attorneys’ fees and costs. (Id. at 5.)

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Accordingly,

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1.

The Clerk of the Court is directed to enter judgment in favor of Plaintiff and

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against Defendant Ford Motor Company in the amount of $120,000.00, plus

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reasonable attorneys’ fees and costs (Doc. No. 23); and

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2.

Within thirty (30) days from the date of entry of this order, the parties shall file a

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notice informing the court that they have resolved the issue of attorneys’ fees and

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costs among themselves, or Plaintiff shall file a motion for attorneys’ fees and

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costs.

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IT IS SO ORDERED.

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Dated:

November 25, 2024

___________________________
Dena Coggins
United States District Judge

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