Emerson v. LVNV Funding, LLC

Filing 17

MOTION by Plaintiff Anne Emerson for judgment on an accepted offer of judgment (Harrer, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ANNE EMERSON,
PLAINTIFF,
v.
LVNV FUNDING, LLC,
DEFENDANT.

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Case No. 15-cv-03653

Judge Elaine E. Bucklo

PLAINTIFF’S UNOPPOSED MOTION FOR JUDGMENT ON AN ACCEPTED OFFER
OF JUDGMENT
NOW COMES Plaintiff, by and through counsel, who pursuant to Federal Rule of Civil
Procedure 68, and Local Rule 54.3, respectfully requests this Court to grant Plaintiff’s
Unopposed Motion for Judgment on an Accepted Offer of Judgment, and states as follows:
1.

On September 29, 2015, Defendant transmitted to Plaintiff an offer, pursuant to

Fed.R.Civ.P. 68, to allow judgment to be entered against it and in favor of Plaintiff in return for
payment to Plaintiff of $1,001 in statutory damages plus reasonable attorneys’ fees and costs.
(Dkt. # 16, Exhibit A, Defendant’s Offer).
2.

On October 5, 2015, within 14 days of being served with Defendant’s offer,

Plaintiff filed an Acceptance of Offer of Judgment (Dkt. #16) accepting Defendant’s offer of
Judgment.
3.

Federal Rule of Civil Procedure 68(a) states as follows:
(a)
Making an Offer; Judgment on an Accepted Offer. At least 14 days
before the date set for trial, a party defending against a claim may serve on
an opposing party an offer to allow judgment on specified terms, with the
costs then accrued. If, within 14 days after being served, the opposing party
serves written notice accepting the offer, either party may then file the offer
and notice of acceptance, plus proof of service. The clerk must then enter
judgment.

4.

Plaintiff accepted Defendant’s offer of judgment within the 14-day time period.

5.

As of the filing of this Motion, judgment has not yet been entered in Plaintiff’s

6.

Plaintiff respectfully requests that pursuant to the acceptance of the Rule 68 Offer

favor.

of Judgment, that judgment be entered in favor of Plaintiff pursuant to Federal Rule of Civil
Procedure 68 and that the parties proceed according to Local Rule 54.3.
WHEREFORE, based on the foregoing, Plaintiff requests that this Court:
a) Enter judgment in favor of Plaintiff pursuant to Fed. R. Civ. P. 68;
b) Direct the parties to proceed according to Local Rule 54.3;
c) For any other or further relief this Court deems just.

Dated: October 19, 2015
Respectfully Submitted,
/s/ Robert W. Harrer
One of Plaintiff’s Attorneys
Robert W. Harrer
The Law Office of Robert W. Harrer, P.C.
208 S. Jefferson St., Suite 204
Chicago, IL 60661
Tel. [phone]
[e-mail]
Michael Wood
Andrew Finko
Wood Finko & Thompson P.C.
73 W. Monroe Street, Suite 514
Chicago, IL 60603
Tel. [phone]
[e-mail]
[e-mail]

CERTIFICATE OF SERVICE
I, Robert W. Harrer, an attorney, hereby certify that on October 19, 2015, I electronically
filed the foregoing document using the CM/ECF system, which will send notification of such
filing to all attorneys of record.

Dated: October 19, 2015

Respectfully submitted,

By: /s/ Robert W. Harrer
Robert W. Harrer