Bautista Herrera v. Grand Sports Arena, LLC et al

Filing 55

MOTION by Plaintiff Adolfo Bautista Herrera for judgment (Attachments: # 1 Exhibit A (Offer of Judgment))(Caffarelli, Alejandro)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ADOLFO BAUTISTA HERRERA,
Plaintiff,
v.

Case No. 17-CV-00452

GRAND SPORTS ARENA, LLC, D/B/A
CHICAGO MUSTANGS PRO, MASL
SOCCER, LLC D/B/A MAJOR ARENA
SOCCER LEAGUE AND/OR MASL
SOCCER PRO, XOCHITL MEZA, and
ARMANDO GAMBOA, individually,

Judge: Robert M. Dow, Jr.
Magistrate Judge: M. David Weisman

Defendants.
PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT
Plaintiff, Adolfo Bautista Herrera (“Bautista”), by and through his attorneys, Caffarelli &
Associates, Ltd., moves this Honorable Court for entry of judgment against Defendants Grand
Sports Arena, LLC, d/b/a Chicago Mustangs Pro, Xochitl Meza, individually, and Armando
Gamboa, individually, pursuant to the Acceptance of Offer of Judgment filed on March 9, 2018,
D.E. 54. In support of his motion, Plaintiff states as follows:
1.

On March 5, 2018, Defendants Grand Sports Arena, LLC, d/b/a Chicago

Mustangs Pro (“GSA”), Xochitl Meza (“Meza”), individually, and Armando Gamboa
(“Gamboa”), individually, served Plaintiff with an Offer of Judgment pursuant to Rule 68 of the
Federal Rules of Civil Procedure, attached hereto as Exhibit A.
2.

On March 9, 2018, Plaintiff accepted the Offer of Judgment and pursuant to Rule

68(a) of the Federal Rules of Civil Procedure accepted in writing and filed the Acceptance of
Offer of Judgment, D.E. 54.
3.

Pursuant to Rule 68(a), Plaintiff moves the Court to enter judgment in the amount

of $37,600 jointly and severally against Defendants GSA, Meza, and Gamboa. Plaintiff also

moves the Court for leave to file a petition for attorneys’ fees, costs, and interest pursuant to the
Offer of Judgment and the Illinois Wage Payment and Collection Act, 820 ILCS 115/14(a) (“In a
civil action, such employee shall also recover costs and all reasonable attorney’s fees.”).
WHEREFORE, Plaintiff, Adolfo Bautista Herrera, respectfully requests that this
Honorable Court enter judgment against Defendants Grand Sports Arena, LLC, d/b/a Chicago
Mustangs Pro, Xochitl Meza, individually, and Armando Gamboa, individually, jointly and
severally, in the amount of $37,600, as well as an Order granting leave to file a petition for
attorneys’ fees, costs, and prejudgment interest pursuant to the Offer of Judgment and Illinois
Wage Payment and Collection Act,
Dated: March 22, 2018

Respectfully submitted,
ADOLFO BAUTISTA HERRERA

Alejandro Caffarelli, #06239078
Alexis D. Martin, #06309619
Caffarelli & Associates Ltd.
224 South Michigan Avenue, Suite 300
Chicago, Illinois 60604
Tel. [phone]

By: /s/ Alejandro Caffarelli
One of Plaintiff’s attorneys

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CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that he caused a copy of the attached, Plaintiff’s
Motion for Entry of Judgment, to be served upon the party below by electronically filing with
the Clerk of the U.S. District Court of the Northern District of Illinois on March 22, 2018.
Mario E. Utreras
UTRERAS LAW OFFICES, INC.
333 N. Michigan Ave., Suite 1815
Chicago, IL 60601
Christopher D. Shelmon
250 Main Street, Suite 590
Lafayette, IN 47901
Mark N. Senak
Senak Keegan Gleason Smith & Michaud, Ltd.
621 South Plymouth Court, First Floor
Chicago, IL 60605
/s/ Alejandro Caffarelli
Attorney for Plaintiff

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