Ali v. Portfolio Recovery Associates, LLC et al

Filing 154

MOTION by Plaintiff Syed A Ali for judgment pursuant to accepted R. 68 Offer of Judgment (Attachments: # 1 Exhibit 1)(Harrer, Robert)

EXHIBIT 1

EXHIBIT 1

Case: 1:15-cv-06178 Document #: 141 Filed: 01/20/17 Page 1 of 3 PageID #:2288

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SYED A. ALI,
PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC
ASSOCIATES, LLC and BLITT & GAINES, P.C.
and FREEDMAN ANSELMO LINDBERG, LLC
n/k/a ANSELMO LINDBERG OLIVER, LLC
DEFENDANTS.
YASMEEN ALI,
as natural parent and best friend of SHA, a minor,
PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC,
and SANJAY S. JUTLA, and KEVIN J. EGAN,
DEFENDANTS.
SYED A. ALI,
PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC,
and KEVIN J. EGAN,
DEFENDANTS.
SYED A. ALI,
PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC,
DEFENDANT.

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Case no.: 15-cv-06178
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) Judge Sharon Johnson Coleman
) Magistrate Judge Daniel G. Martin
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Case no.: 15-cv-11582
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Case no.: 16-cv-01581
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Case no.: 16-cv-03872
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Case: 1:15-cv-06178 Document #: 141 Filed: 01/20/17 Page 2 of 3 PageID #:2289

NOTICE OF ACCEPTANCE OF DEFENDANT PORTFOLIO RECOVERY ASSOCIATES,
LLC’S RULE 68 OFFER OF JUDGMENT AS TO COUNT IX OF PLAINTIFF’S FIRST
AMENDED CONSOLIDATED COMPLAINT UNDER CASE #15-cv-6178
Plaintiff Syed A. Ali hereby accepts Defendant Portfolio Recovery Associates, LLC’s
Rule 68 Offer of Judgment served on Plaintiff on November 30, 2016 via USPS regular mail and
email in the amount of $1,500.00 for Plaintiff’s damages, plus reasonable attorneys’ fees and
costs arising from Plaintiff’s claims against Defendant Portfolio Recovery Associates, LLC in,
and only in, Count IX of Plaintiff’s First Amended Consolidated Complaint filed on November
18, 2016, the operative complaint at the time Defendant’s Rule 68 Offer of Judgment was served.
Said Offer of Judgment is attached hereto as Exhibit A.
Plaintiff had timely accepted Defendant’s R. 68 Offer of Judgment on December 14,
2016, under case #16-cv-3872, the case associated with Count IX of the operative complaint, and
served notice to Defendant on December 22, 2016. On January 6, 2017, this Court struck
Plaintiff’s Motion for Entry of Judgment in case #16-cv-3872 (Case 16-cv-3872, Dkt. #29). On
January 6, 2017, this court also consolidated all related case numbers under 15-cv-6178 and
stated “All matters related to this case are to be brought before the Court under case number 15cv-06178”. (Dkt. #139).
Plaintiff hereby requests the Court to enter an Order of Judgment as to Count IX of
Plaintiff’s First Amended Consolidated Complaint for said amount in accordance with the
provisions of Federal Rule of Civil Procedure 68.

Respectfully submitted,
By /s/ Robert W. Harrer

Dated: January 19, 2017

Case: 1:15-cv-06178 Document #: 141 Filed: 01/20/17 Page 3 of 3 PageID #:2290

The Law Office of Robert W. Harrer, P.C.
111 West Washington Street, Suite 1360
Chicago, IL 60602
Tel. [phone] | Fax [phone]
[e-mail]
ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE
I hereby certify that on January 20, 2017, I served the foregoing NOTICE OF
ACCEPTANCE OF DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC’S
RULE 68 OFFER OF JUDGMENT AS TO COUNT IX OF PLAINTIFF’S FIRST
AMENDED CONSOLIDATED COMPLAINT UNDER CASE #15-cv-6178
and the instant Certificate of Service via electronic filing/ECF on each counsel of record for
Defendant who has appeared.
By /s/ Robert W. Harrer

Case: 1:15-cv-06178 Document #: 141-1 Filed: 01/20/17 Page 1 of 4 PageID #:2291

EXHIBIT A

EXHIBIT A

Case: 1:15-cv-06178 Document #: 141-1 Filed: 01/20/17 Page 2 of 4 PageID #:2292

WWWIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SYED A. ALI,

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Plaintiff,
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v.
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PORTFOLIO RECOVERY ASSOCIATES, LLC )
and BLITT & GAINES, P.C., and FREEDMAN )
ANSELMO LINDBERG, LLC n/k/a
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ANSELMO LINDBERG OLIVER, LLC,
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Defendants.
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YASMEEN ALI, as natural parent and best friend )
of SHA, a minor,
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Plaintiff,
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v.
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PORTFOLIO RECOVERY ASSOCIATES,
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LLC, and SANJAY S. JUTLA, and KEVIN J.
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EGAN,
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Defendants.
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SYED A. ALI,
Plaintiff,
v.
PORTFOLIO RECOVERY ASSOCIATES,
LLC, and KEVIN J. EGAN,
Defendants.
SYED A. ALI,
Plaintiff,
v.
PORTFOLIO RECOVERY ASSOCIATES,
LLC,
Defendant.

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Case No. 1:15-cv-06178
Judge: Sharon Johnson Coleman
Magistrate Judge: Daniel G. Martin

Case No. 1:15-cv-11582

Case No. 1:16-cv-03872

Case No. 1:16-cv-01581

Case: 1:15-cv-06178 Document #: 141-1 Filed: 01/20/17 Page 3 of 4 PageID #:2293

DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC’S
RULE 68 OFFER OF JUDGMENT
Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendant, PORTFOLIO
RECOVERY ASSOCIATES, LLC (“Defendant”), by and through their attorneys, Avanti D.
Bakane and Philip T. Barrett of Gordon Rees Scully Mansukhani, LLP, hereby offers to allow
judgment to be entered against it in this action, and state as follows:
1.

Judgment shall be entered against Defendant in the amount of $1,500.00 as to

Plaintiff arising from Plaintiffs’ claims against Defendant as alleged in Count IX of Plaintiffs’
Complaint.
2.

Judgment shall also be entered against Defendant for reasonable fees and costs

incurred by Plaintiffs in prosecuting in Count IX of Plaintiffs’ Complaint only in the abovecaptioned matter, pursuant to 15 U.S.C. 1692k(a)(3), as agreed to by the parties, and, in the event no
agreement can be reached, to be determined by the Court.
3.

This offer of judgment is inclusive of all damages, fees, and costs as to Plaintiffs’

claims alleged in Count IX of Plaintiffs’ Complaint only.
Dated: November 30, 2016

Respectfully submitted,
PORTFOLIO RECOVERY ASSOCIATES,
LLC, Defendant

Avanti D. Bakane, 6299022
Philip T. Barrett, 6317319
Gordon Rees Scully Mansukhani, LLP
One North Franklin, Suite 800
Chicago, IL 60606
Ph: 312-619-4922
Fax: [phone]
[e-mail]
[e-mail]

By:

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/s/ Avanti D. Bakane
Avanti D. Bakane

Case: 1:15-cv-06178 Document #: 141-1 Filed: 01/20/17 Page 4 of 4 PageID #:2294

CERTIFICATE OF SERVICE
I hereby certify that on November 30, 2016, I served, the foregoing Defendants Defendant
Portfolio Recovery Associates, LLC’s Rule 68 Offer of Judgment by via electronic and U.S.
Mail, proper postage pre-paid, to all parties of record, from One North Franklin, Suite 800, Chicago,
IL 60606.
Robert W. Harrer
[e-mail]
The Law Office of Robert W. Harrer, P.C.
111 W. Washington St.,
Suite 1360
Chicago, IL 60602

Mario Kris Kasalo
[e-mail]
The Law Office of M. Kris Kasalo, Ltd.
20 North Clark Street
Suite 3100
Chicago, IL 60602

Thomas John Nitschke
[e-mail]
Blaise & Nitschke, P.C.
20 N. Clark St.
Suite 3100
Chicago, IL 60602

Michael L. Starzec
[e-mail]
Blitt and Gaines, P.C.
661 Glenn Avenue
Wheeling, IL 60090

David M. Schultz
[e-mail]
Jonathon D. Drews
[e-mail]
Justin M Penn
[e-mail]
Hinshaw & Culbertson LLP
222 N. Lasalle St.
Ste. 300
Chicago, IL 6060

By:

/s/ Avanti Bakane
Avanti Bakane

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