Martinez et al v. Red's Towing

Filing 42

JUDGMENT PURSUANT TO FED. R. CIV. P. 68 by Clerk in favor of Plaintiffs Dennis Gregory, Devin Quintana, Doug Patrick, Francisco Medina, Jesse Mendoza, Joseph Vialpando, Samantha Patrick, Scott Rosenbaum, Scottie Lee Wray, and Steven Rosenbaum and against Defendant Red's Towing re: 32 Notice of Acceptance with Offer of Judgment, for amounts and terms as specified in the Offer of Judgment. Entered by Clerk on Nov. 26, 2014. (ebutl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00458-KLM
LEONARD MARTINEZ,
DOUG PATRICK,
SAMANTHA PATRICK,
DEVIN QUINTANA,
SCOTT ROSENBAUM,
STEVEN ROSENBAUM,
JOSEPH VIALPANDO,
MICHAEL WOLFE,
DENNIS GREGORY,
FRANCISCO MEDINA, AND
SCOTTIE LEE WRAY,
Plaintiffs,
v.
RED’S TOWING,
Defendant.

JUDGMENT PURSUANT TO FED. R. CIV. P. 68

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 68, the following Judgment is hereby entered.
Pursuant to the Offer of Judgment served on Oct. 23, 2014 and the Acceptance
thereof filed Nov. 4 ,2014 (Docket No. 32) with proof of service, it is
ORDERED that judgment is hereby entered in favor of all Plaintiffs except
Leonard Martinez and Michael Wolfe, for the following specified amounts relative to
each defendant, as set forth in the Oct. 23, 2014 Offer of Judgment:
1.

The sum of $4,799.30 plus an equal amount as liquidated damages, for a
total of $9,598.60 to Plaintiff Doug Patrick;

2.

The sum of $4,187.73 an equal amount as liquidated damages, for a total
of $8,375.46 to Plaintiff Samantha Patrick;

3.

The sum of $1,179.73 plus an equal amount as liquidated damages, for a
total of $2,359.46 to Plaintiff Devin Quintana;

4.

The sum of $731.64 plus an equal amount as liquidated damages, for a
total of $1,463.28 to Plaintiff Scott Rosenbaum;

5.

The sum of $2,522.21 plus an equal amount as liquidated damages, for a
total of $5,044.42 to Plaintiff Steve Rosenbaum;

6.

The sum of $2,858.54 plus an equal amount as liquidated damages, for a
total of $5,717.08 to Plaintiff Joseph Vialpando;

7.

The sum of $1,511.28 plus an equal amount as liquidated damages, for a
total of $3,022.56 to Plaintiff Dennis Gregory;

8.

The sum of $3,893.62 plus an equal amount as liquidated damages, for a
total of $7,787.24 to Plaintiff Francisco Medina;

9.

The sum of $763.38 plus an equal amount as liquidated damages, for a
total of $1,526.76 to Plaintiff Scottie Lee Wray;

10.

The sum of $1,690.12 plus an equal amount as liquidated damages, for a
total of $3,380.24 to Plaintiff Jesse Mendoza;

SUCH AMOUNTS equaling $51,834.90 in liquidated damages against Defendant
Red’s Towing. It is
FURTHER ORDERED that Defendant shall pay all costs incurred by the Plaintiffs
up to and including the date of the offer. It is

FURTHER ORDERED that Defendant shall pay all reasonable and necessary
attorney fees, as determined by the Court, incurred by Plaintiffs up to and including the
date of the offer. It is
FURTHER ORDERED that, as Defendant’s offer was tendered in exchange for
the settlement of all Plaintiffs' claims against Defendant, and dismissal, with prejudice,
of the above-captioned lawsuit, and as the offer was accepted by the aforementioned
plaintiffs as listed in paragraphs 1 through 10 above, those Plaintiffs’ claims are
dismissed with prejudice against the Defendant. It is
FURTHER ORDERED that post-judgment interest, as determined pursuant to 28
U.S.C. § 1961, shall accrue at the rate of 0.14% from the date of entry of judgment.

Dated at Denver, Colorado this 26th day of November, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/

Edward P. Butler
Edward P. Butler
Deputy Clerk