Batres v. CNH America, LLC

Filing 33

JUDGMENT PURSUANT TO FED. R. CIV. P. 68. Signed by Judge Maxine M. Chesney on December 11, 2015. (mmclc2, COURT STAFF) (Filed on 12/11/2015)

KENNETH C. ABSALOM (SBN 114607)

[e-mail]
GEORGE R. NEMIROFF (SBN 262058)
[e-mail]
LAW OFFICE OF KENNETH C. ABSALOM

220 Montgomery Street, Suite 905
San Francisco, Ca. 94104
Te l : 4 1 5 - 3 9 2 - 5 0 4 0
Fax:[phone]

Attorneys for Plaintiff
CARLOS

B AT R E S

U N I T E D S TAT E S D I S T R I C T C O U R T
NORTHERN DISTRICT OF CALIFORNIA

CARLOS BATRES,

Case No.: 3:15-cv-01051-MMC
JUDGMENT PURSUANT TO FRCP RULE

Plaintiff,

68 (Fed. R. Civ. P. 68)

CNH AMERICA LLC; and Does 1 to 20,
inclusive.
Defendants.

This action having been duly commenced by Plaintiff Carlos Batres ("Batres" or "Plaintiff"),
and having been served by Defendant CNH Industrial America LLC's ("CNH" or "Defendant") with
an FRCP Rule 68 offer in writing to have judgment entered against CNH in the sum of Twenty-five
Thousand Dollars ($25,000), including all costs and attorney fees otherwise recoverable in this action
(See Exhibit A), and Plaintiff having duly and timely accepted Defendant's statutory offer of

Case No.: 3:15-cv-01051-MMC

1

Batres

v.

CNH

America,

JUDGMENT PURSUANT TO FRCP RULE 68

LLC.

judgment by notifying Defendant of such acceptance (See Exhibit B);
IT IS HEREBY ORDERED that Plaintiff Carlos Batres have and recover on his complaint

against Defendant CNH Industrial America LLC in the sum of $25,000.

11
__
^

Dated: December 10,2015

HON.

Case No.: 3;15-cv-01051-MMC

2

MAXINE

Batres

v.

M.CHENSEY

CNH

JUDGMENT PURSUANT TO RULE 68

America,

LLC

EXHIBIT A

Joseph E. Wiley (State Bar No. 84154)
Joan Pugh Newman (Slate Bar No. 148562)
WILEY PRICE & RADULOVICH, LLP
1301 Marina Village Parkway, Suite 310
Alameda, California 94501

Telephone: [phone]
Fax: [phone]
Attorneys for Defendant

CNH Industrial America LLC

U N I T E D S TAT E S D I S T R I C T C O U RT
N O RT H E R N D I S T R I C T O F C A L I F O R N I A

CARLOS BATRES,
Plaintiff,

Case No.: 3:15-cv-0105]-MMC
OFFER OF JUDGMENT
(FRCP681

CNH AMERICA LLC; and Does I to 20,
15 inclusive,
16

Defendants.

18 Defendant CNH Industrial America LLC ("CNH" or "Defendant") hereby offers to allow
19 entry of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure as follows;
20 Judgment in favor of Plaintiff Carlos Batres against Defendant in the sum of $25,000, which sum
21 includes all costs and attorney fees otherwise recoverable in this action.
22 Date: November 10, 2015

WILEY PRICE & RADULOVICH, LLP

JOANP

W I L E Y
N E W M A N

Attorneys for Defendant

CNH INDUSTRIAL AMERICA LLC

Wiley Price & Offer of Judgment
Radulovich, LLP

Case No. 3:15-cv-01051 -MMC

1

PROOF OF SERVICE

I am a citizen of the United States, employed in tJie Couniy of Alameda.

California, over the age of 18 years, and ani not a party to the within-entitled action. My
business address is 1301 Marina Village Parkway, Suite 310, Alameda, CA 94501. On the date
set forth below, I served the following document(s) by the metliod indicated below:
OFFER OF JUDGMENT (FRCP 68)
I I Facsimile by Iransmitting via facsimile on this date from fax number (510) 337-281! the documcnt(s)
listed above to the fax number(s) set forth below. The transmission was completed before 5:00 p.m. and

was reported complete and without error. The transmitting fax machine properly issued the transmission

report, which is attached to this proof of service. Service by fax was made by agreement of the parties,
confirmed in writing pursuant to California Code of Civil Procedure §1013(e). The transmitting fax
machine complies with California Code of Civil Procedure §1013(e).

[3c| first Class Mail by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Alameda, California addressed as set forth below pui-suant to
California Code of Civil Procedure §1013(a). I am readily familiar with the business practice at Wiley
Price & Radulovich, LLP for collection and processing of correspondence for mailing with the United
Stales Postal Service. Correspondence so collected and processed is deposited with the United States
Postal Service that same day in the ordinai'y course of business.

□ Messenger by placing the document(s) listed above in a sealed envelope(s) and by causing pereonal

delivery of the enveIope(s) to the person(s) at the address(es) set forth below. A signed proof of service by
the process server or delivery service will be filed shortly.

□ Personal Delivery by personally handforth ering the document(s) listed aboveCivil Procedure §1011. to
delivbelow pursuant to California Code of in a sealed envelope(s)
the person(s) at the address(es) set
□ Overnight Delivery by placing the document(s) listed above in a sealed envelope(s) and consigning it to an

express service carrier for guaranteed delivery on the next business day following the date of consignment
to the address(es) set forth below pursuant to California Code of Civil Procedure §1013(c). A copy of the
consignment slip is attached to this proof of service.
Kenneth C. Absalom

George R. Nemiroff
LAW OFFICE OF KENNETH C.
ABSALOM

220 Montgomery Street, Suite 905
San Francisco, CA 94104

Telephone: [phone]
Facsimile; [phone]

I declare under penalty of perjury under the laws of the State of California that the
above is true and correct. Executed on November 10,2015 at Alameda, California.

Wiley Price &
Radulovich, LLP

Proof of Service

C a s e K o . 3 : 1 5 - C V- 0 1 0 5 1 M M C

EXHIBIT B

KENNETH C. ABSALOM (SBN 114607)
[e-mail]
GEORGE R. NEMIROFF (SBN 262058)

[e-mail]
L AW O F F I C E O F K E N N E T H C . A B S A L O M

220 Montgomery Street, Suite 905
San Francisco, Ca. 94104
Te l : 4 1 5 - 3 9 2 - 5 0 4 0
Fax: [phone]

Attorneys for Plaintiff
C A R L O S B AT R E S

U N I T E D S TAT E S D I S T R I C T C O U RT

NORTHERN DISTRICT OF CALIFORNIA

Case No.: 3:15-cv-01051-MMC

CARLOS BATRES,

NOTICE OF ACCEPTANCE OF OFFER OF

Plaintiff,

JUDGMENT (Fed. R. Civ. P. 68)

V.

CNH AMERICA LLC; and Does I to 20,
inclusive.
Defendants.

Case No.: 3:15-cv-0l05l-MMC

Batres v. CNH America. LLC.

NOTICE OF ACCEPTANCE OF OFFER OF JUDGMENT

Plaintiff Carlos Batres hereby accepts Defendant CNH Industrial America LLC's
("Defendant") statutory offer of judgment pursuant to Rule 68 of the Federal Rules of Civil
Procedure: Judgment in favor of Carlos Batres against Defendant in the sum of $25,000, which sum
includes all costs and attorney fees otherwise recoverable in this action.

Dated: November 30,2015

LAW OFFICE OE KENNETH C. ABSALOM

K^eth CTAbsalom

George R. Nemiroff
Attorneys for Plaintiff Carlos Batres

C a s e N o . : 3 : 1 5 - c v - 0 1 0 5 I . M M C 2 B a t r e s v. C N H A m e r i c a . L L C
NOTICE OF ACCEPTANCE OF OFFER OF JUDGMENT

C E RT I F I C AT E

OF

SERVICE

Randy Bravo-Chavez declares as follows:
I am over 18 years of age, and not a party to the within action. I am employed at and
my place of business is 220 Montgomery Street, Suite 905, San Francisco, California 94104.
On November 30,2015 I ser\'ed the document(s) below:
N O T I C E O F A C C E P TA N C E O F O F F E R O F J U D G M E N T

X (BY MAIL) by placing the original or a true copy of thereof enclosed in a sealed
envelope with postage fully prepaid in the Unites States mail at San Francisco, California,
addressed as set forth below. I am readily familiar with the firm's practice of collection and
processing of correspondence for mailing. Under that practice, it would be deposited with the
U.S. Postal Service on the same day with postage thereon fully prepaid in the ordinary course
of business.

X (BY EMAIL)
JOSEPH E. WILEY
JOAN PUGH NEWMAN

WILEY, PRICE & RADULOVICH
1301 Marina Village Pkwy, Suite 310
Alameda, California 94501
Telephone: [phone]
Facsimile: [phone]
w o r l a w. c o m

I declare under penalty of peijury under the laws of the State of California that the
is true and correct. Executed at San Francisco, California on November 30, 2015.
/s/ Randv Bravo-Chavez

Randy Bravo-Chavez

PROOF OF SERVICE

C a s e N o . : 3 ; 1 5 - c v. 0 1 0 5 1 - M M C 3 B a t r e s v. C N H A m e r i c a . L L C
NOTICE OF ACCEPTANCE OF OFFER OF JUDGMENT

C E R T I F I C AT E O F S E R V I C E

Randy Bravo-Chavez declares as follows:

I am over 18 years of age, and not a party to the within action. I am employed at and
my place of business is 220 Montgomery Street, Suite 905, San Francisco, California 94104.
On December 10, 2015 I served the document(s) below:
JUDGMENT PURSUANT TO FRCP RULE 68

X (BY MAIL) by placing the original or a true copy of thereof enclosed in a sealed
envelope with postage fully prepaid in the Unites States mail at San Francisco, California,
addressed as set forth below. I am readily familiar with the firm's practice of collection and
processing of correspondence for mailing. Under that practice, it would be deposited with the
U.S. Postal Service on the same day with postage thereon fully prepaid in the ordinary course
of business.

X

(BY

EMAIL)

JOSEPH E. WILEY
JOAN

PUGH

NEWMAN

W I L E Y, P R I C E & R A D U L O V I C H

1301 Marina Village Pkwy, Suite 310
Alameda, California 94501

Telephone: [phone]
Facsimile: [phone]
i D u e h n e w m a n ( 5 5 w p r l a w. c o m

I declare under penalty of perjury under the laws of the State of California that the forgoing
is true and correct. Executed at San Francisco, California on December 10, 2015.
/s/ Randv Bravo-Chavez

Randy Bravo-Chavez

PROOF OF SERVICE

Case No.: 3:15-cv-01051-MMC

3

Batres

v.

CNH

JUDGMENT PURSUANT TO RULE 68

America,

LLC