Morales v. Extra Mile Painting Company et al

Filing 22

MOTION by Defendants Extra Mile Painting Company, James Fairbanks for judgment Pursuant to Plaintiff's Acceptance of Rule 68 Offer of Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gaffney, Glenn)

Case: 1:18-cv-03210 Document #: 22 Filed: 10/04/18 Page 1 of 2 PageID #:101

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
GONZALO MORALES,
Plaintiff,
vs.
EXTRA MILE PAINTING COMPANY,
and JAMES FAIRBANKS,
Defendants.

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Case No. 1:18-cv-003210
Honorable Judge
John J. Tharp, Jr.

DEFENDANTS’ MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED. R. CIV.
PRO. 68
Defendants, Extra Mile Painting Company (“EMPC”) and James Fairbanks
(“Fairbanks”), by their attorneys, Gaffney and Gaffney, P.C., for their Motion for Entry of
Judgment pursuant to Fed. R. Civ. Pro. 68, state:
1.

On September 13, 2018, Defendants served Plaintiff with a Fed. R. Civ. Pro. 68

Offer of Judgment. A copy of Defendants’ Offer of Judgment is attached as Exhibit A.
2.

On September 27, 2018, Plaintiff accepted Defendants’ Fed. R. Civ. Pro. 68 Offer

of Judgment. A copy of Plaintiff’s acceptance is attached as Exhibit B.
3.

Upon entry of Judgment, Defendants will tender a cashier’s check to Plaintiff in the

amount of $3,000.00 satisfying the Judgment in open Court or otherwise as the Court directs.
4.

Upon entry of Judgment, Plaintiff’s claim for fees and costs can be adjudicated by

this Court pursuant to NDIL LR 54.3 or otherwise as the Court deems just.
WHEREFORE, Defendants request that this Court enforce Plaintiff’s acceptance of
Defendants’ Fed. R. Civ. Pro. 68 Offer of Judgment attached as Exhit A., enter Judgment in favor
of Plaintiff and against Defendants’ in the amount of $3,000 plus costs, Enter an Order in

Case: 1:18-cv-03210 Document #: 22 Filed: 10/04/18 Page 2 of 2 PageID #:102

satisfaction of said judgment, and enter an Order pursuant to NDIL LR 54.3 for this Court’s
adjudication of Plaintiff’s claim for attorney’s fees and costs.

/s/ Glenn R. Gaffney_________
Glenn R. Gaffney
Attorney for Defendants
Glenn R. Gaffney (No. 6180598)
Gaffney & Gaffney P.C.
1771 Bloomingdale Road
Glendale Heights, IL 60139
[phone] x 4
[e-mail]

NOTICE OF FILING / CERTIFICATE OF SERVICE
Glenn R. Gaffney certifies that on October 4, 2018 he efiled the above and foregoing
Motion for Entry of Judgment pursuant to Fed. R. Civ. Pro. 68 via the case
management/electronic case filing system with the Clerk of the U.S. District Court, Northern
District of Illinois. The parties may access this filing through the Court’s electronic filing system
and notice of this filing will be sent to the following parties by operation of the Court’s
electronic filing system.
/s/ Glenn R. Gaffney_________
Glenn R. Gaffney
Attorney for Defendants

Glenn R. Gaffney (No. 6180598)
Gaffney & Gaffney P.C.
1771 Bloomingdale Road
Glendale Heights, IL 60139
[phone] x 4
[e-mail]

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