GREGORY v. PREFERRED FINANCIAL SOLUTIONS et al

Filing 116

ORDER GRANTING 114 Motion to Strike. The Defendants are ORDERED to respond to 115 the Plaintiffs motion to compel by NOON on March 11, 2014. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 3/10/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TINA M. GREGORY, individually and as )
Class Representative for all others
)
similarly situated,
)
)
)
Plaintiffs,
)
)
v.
) CIVIL ACTION NO. 5:11-CV-422(MTT)
)
PREFERRED FINANCIAL SOLUTIONS, )
et al.,
)
)
Defendants.
)
)
ORDER
This matter is before the Court on the Plaintiff’s motion to strike the Defendants’
offer of judgment (Doc. 114) and motion to compel (Doc. 115). The Plaintiff argues that
the Defendants’ offer of judgment made pursuant to Fed. R. Civ. P. 68 is improper
because the offer was made to the class representative rather than the certified class.
The Defendants have not responded to the Plaintiff’s motion. Because this case has
already been certified as a class action, “an offer to one is not an offer of the entire relief
sought by the suit[.]” Greisz v. Household Bank (Ill.), N.A., 176 F.3d 1012, 1015 (7th
Cir.) (internal citations omitted). The Defendants may not use a Rule 68 offer to
potentially shift costs and “undermin[e] the use of the class action device.” Sampaio v.
People First Recoveries, LLC, 2008 WL 509255, at *1 (S.D. Fla.) (internal quotation
marks and citations omitted). Accordingly, the Plaintiff’s motion to strike is GRANTED,
and the Rule 68 offer is STRICKEN.

The Plaintiff has also filed a motion to compel the Defendants to produce the
class list that was due by February 15, 2014 pursuant to this Court’s Order. (Docs. 108,
113). The Defendants are ORDERED to respond to the Plaintiff’s motion to compel by
NOON on March 11, 2014.
SO ORDERED, this 10th day of March, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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