Volling et al v. Antioch Rescue Squad et al

Filing 62

MOTION by Plaintiffs April Soulak, Shannon Volling for judgment and Set Fee Petition Schedule (O'Malley, Margaret)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SHANNON VOLLING, JULIE BANSER,
and APRIL SOULAK,

)
)
)
Plaintiffs,
)
)
v.
)
)
ANTIOCH RESCUE SQUAD, individually and )
jointly as a joint employer with
)
Metro Paramedic Services, Inc.;
)
and METRO PARAMEDIC SERVICES, INC., )
individually as an agent of
)
Antioch Rescue Squad and joint employer
)
with Antioch Rescue Squad,
)
)
Defendants.
)

No. 11-cv-4920
Judge John J. Tharp, Jr.

MOTION TO DIRECT ENTRY OF JUDGMENT AND SET FEE PETITION SCHEDULE
Plaintiffs, Shannon Volling and April Soulak, through their attorneys and pursuant to
Fed.R.Civ.P. 68 and LR54.3, move this Honorable Court to direct entry of judgment and enter a
scheduling order with respect to a fee petition, and in support of which respectfully state:
1.

Plaintiffs, Shannon Volling, April Soulak, and Julie Banser, brought this action

against two Defendants, Antioch Rescue Squad (“ARS”) and Metro Paramedic Services, Inc.
(“Metro”), complaining of sexual discrimination, harassment, and retaliation, and further
complaining of negligent supervision and retention.
2.

Both Defendants brought Rule 12 motions challenging the sufficiency of the

pleadings, which motions have been fully briefed and await ruling.
3.

On September 26, 2012, Defendant Antioch Rescue Squad (“ARS”) served

Amended Rule 68 Offers of Judgment to Plaintiff Shannon Volling for $100,000 plus reasonable

attorneys’ fees to be determined by the District Court, and to Plaintiff April Soulak for $55,000
plus reasonable attorneys’ fees to be determined by the District Court.
4.

Defendant ARS also made a Rule 68 Offer of Judgment to Plaintiff Julie Banser.

5.

On October 8, Plaintiffs Volling and Soulak filed Notice of Acceptance of the

Offers of Judgment with the Court. [See Docket Nos. 59-60]
6.

Plaintiff Banser rejected her Offer of Judgment.

7.

None of the Plaintiffs have resolved their claims against Defendant Metro.

8.

Accordingly, the matter remains unresolved and pending on all counts as between

Julie Banser and Defendant ARS and as to all three Plaintiffs against Defendant Metro.
9.

To date, the Court has not yet entered judgment on Defendant ARS’s Rule 68

Offers of Judgment.
10.

Rule 68 states that if an offer of judgment is accepted the clerk must then enter

judgment.
11.

Accordingly, Plaintiffs Volling and Soulak respectfully request that the clerk be

directed to enter judgment on Defendant ARS’s Offers of Judgment.
12.

Local Rule 54.3 states that either before or after the entry of judgment the court

may enter an order with respect to the filing of a fee motion pursuant to FRCP 54. Unless the
court’s order includes a different schedule, the fee motion shall be filed 91 days after entry of the
judgment.

Local Rule 54.3 also sets forth a schedule for the exchange of pre-motion

submissions after entry of the judgment.
13.

Accordingly, the matter is ready for submissions related to Plaintiffs’ fee petition

consistent with the Offers of Judgment, and Plaintiffs respectfully request that a scheduling order

pursuant to LR54.3 be entered, including dates for pre-motion conferences and tender of
proposals as set forth in LR54.3(d).

WHEREFORE, Plaintiffs, Shannon Volling and April Soulak, pray this Honorable Court
direct judgment be entered on Defendant ARS’s Offers of Judgment and for entry of an order
setting a schedule consistent with LR54.3 for the filing of a fee petition under Fed.R.Civ.P. 54,
and for any additional or alternative relief as the Court deems just in the premises.
Respectfully submitted,
By:

_/s/ M. Megan O’Malley
Attorney for Plaintiffs

M. Megan O’Malley
John P. Madden
Lindsey E. Goldberg
& 

542 So. Dearborn Street
Suite 660
Chicago Illinois 60605
312.697.1382

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