Johnson et al v. Ford Motor Co.

Filing 11

ORDER signed by District Judge Dale A. Drozd on 08/27/2024 DIRECTING the Clerk to ENTER JUDGMENT in favor of plaintiffs and against defendant Ford Motor Company in the amount of $182,000.00, plus reasonable attorneys' fees and costs. Within 21 days from the date of this order, the parties shall file a joint status report to inform the court whether the parties were able to resolve the issue of attorneys' fees and costs among themselves. CASE CLOSED. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICOLE ESME JOHNSON, et al.,

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No. 2:24-cv-00745-DAD-JDP

Plaintiffs,
v.

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FORD MOTOR COMPANY,

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Defendant.

ORDER ENTERING JUDGMENT AGAINST
DEFENDANTS PURSUANT TO NOTICE OF
ACCEPTED RULE 68 OFFER
(Doc. No. 10)

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On August 20, 2024, plaintiffs filed a notice of acceptance of defendant’s Federal Rule of

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Civil Procedure 68 offer of judgment. (Doc. No. 10.) Therein, plaintiffs request that judgment be

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entered in their favor in the amount of $182,000.00 pursuant to the terms of the accepted Rule 68

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offer. (Id. at 2.)

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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 served plaintiffs with a Rule 68 offer of judgment in the amount of

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$182,000.00, 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. 8 at 5–6.) Plaintiffs accepted the offer in writing on August 13, 2024.

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(Id. at 7.) Plaintiffs request that judgment be entered in favor of plaintiffs and against defendant

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in the sum of $182,000.00, and that the matter of reasonable attorneys’ fees and costs be reserved,

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

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reserved the right to oppose plaintiffs’ 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 plaintiffs and

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against defendant Ford Motor Company in the amount of $182,000.00, plus

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reasonable attorneys’ fees and costs (Doc. No. 10);

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2.

Within twenty-one (21) days from the date of entry of this order, the parties shall

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file a joint status report to inform the court whether the parties were able to resolve

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the issue of attorneys’ fees and costs among themselves; and

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3.

If the parties are unable to resolve the issue of attorneys’ fees and costs, then

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plaintiffs shall file their motion for attorneys’ fees and costs by no later than thirty

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(30) days from the date of entry of this order.

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IT IS SO ORDERED.
Dated:

August 27, 2024
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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