Mraz v. I.C. Systems, Inc.

Filing 38

ORDER re 36 Notice (Other) filed by Victor Mraz. The Clerk is directed to enter judgment in favor of the Plaintiffs. The Clerk is directed to terminated all deadlines and pending motions. To enforce the accepted Offer of Judgment [36-1] the Court reserves jurisdiction to determine Plaintiff's reasonable attorney's fees and taxable costs, if necessary. Should the parties' fail to resolve those matters on their own, Plaintiff must FILE a motion for attorney's fees and costs on or before October 4, 2019. Signed by Judge Sheri Polster Chappell on 9/4/2019. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
VICTOR MRAZ,
Plaintiff,
v.

Case No.: 2:18-cv-254-FtM-38NPM

I.C. SYSTEMS, INC.,
Defendant.
/
ORDER1
Before the Court is Defendant’s Offer of Judgment (Doc. 36-1), which Plaintiff
accepted (Doc. 36). The parties agreed to the Offer of $1,001 plus “an additional amount
for reasonable attorney’s fees and taxable costs incurred by Plaintiff, in [an] amount to be
determined by the Court if the parties are unable to come to an agreement.” (Doc. 36-1
at 1). Rule 68 allows parties to agree on “an offer to allow judgment on specified terms,
with the costs then accrued.” Fed. R. Civ. P. 68(a). Considering the accepted Offer, Rule
68, and relevant law, the Court will enter judgment in favor of Plaintiff and reserve
jurisdiction to determine reasonable attorney’s fees and costs, if necessary.

See

Arencibia v. Miami Shoes, Inc., 113 F.3d 1212, 1214 (11th Cir. 1997) (The “court properly
reserved jurisdiction in its final judgment to determine costs awardable.”). In the event

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the parties cannot resolve the matter on their own, Plaintiff must file a motion for attorney’s
fees and costs within thirty days. And the Court may then enter an amended judgment
after resolution on the fees and costs.
Accordingly, it is now
ORDERED:
1. The Clerk is DIRECTED to enter judgment in favor of Plaintiffs.
2. The Clerk is DIRECTED to terminate all deadlines and pending motions.
3. To enforce the accepted Offer of Judgment (Doc. 36-1), the Court RESERVES
JURISDICTION to determine Plaintiff’s reasonable attorney’s fees and taxable
costs, if necessary. Should the parties fail to resolve those matters on their
own, Plaintiff must FILE a motion for attorney’s fees and costs on or before
October 4, 2019.
DONE and ORDERED in Fort Myers, Florida this 4th day of September, 2019.

Copies: All Parties of Record

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