Sebestyn v. Leikin, Ingber & Winters P.C.

Filing 29

JUDGMENT in favor of Plaintiff against Defendants. Judgment in the amount of $ 2,001.00. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CAROLYN A. SEBESTYEN,
Plaintiff,
v.
Case No. 13-15182
LEIKIN, INGBER & WINTERS, P.C., and
PAUL M. INGBER,

Hon. Patrick J. Duggan

Defendants.

JUDGMENT
Plaintiff Carolyn A. Sebestyen filed this lawsuit under the Fair Debt
Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-1692p, against
Defendants Leikin, Ingber & Winters, P.C. (“LIW”) and Paul M. Ingber (“Ingber”)
(collectively, “Defendants”) on December 20, 2013. Defendants subsequently
offered Plaintiff relief by way of a Rule 68 Offer of Judgment. This offer, served
approximately four months before Plaintiff filed a motion seeking class
certification, offered Plaintiff all of the individual relief she sought in her
Complaint. Plaintiff did not accept the offer and subsequently filed a class
certification motion. Soon thereafter, Defendants filed a motion to dismiss for lack
of subject matter jurisdiction pursuant to Rule 12(b)(1), or in the alternative, a
motion for summary judgment pursuant to Rule 56.

In an Opinion and Order entered on this date, the Court granted Defendants’
motion and denied Plaintiff’s motion. Having found that the Offer of Judgment
should be entered as the judgment in this case, it is ORDERED, ADJUDGED,
AND DECREED that judgment is entered in favor of Plaintiff and against
Defendants (with no admission of liability). Plaintiff is awarded the following
relief:
1. Monetary damages in the amount of Two Thousand One Dollars
($2,001.00) in total satisfaction of all Plaintiff’s claims;
2. Plaintiff’s accrued costs as determined by the parties, or, in the unlikely
event the parties are unable to agree, as determined by the Court upon
motion; and
3. Reasonable attorney’s fees as determined by the parties, or, in the
unlikely event the parties are unable to agree, as determined by the Court
upon motion.
Dated: March 27, 2015
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Adam S. Alexander, Esq.
Scott D. Owens, Esq.
Charity A. Olson, Esq.

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