Rawlins v. Carter Business Service, Inc.

Filing 47

ACCEPTED OFFER OF JUDGMENT PURSUANT TO FRCP RULE 68: Signed by District Judge David N. Hurd on 4/3/2017. (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________

VALICIA RAWLINS,
Plaintiff,
v.
CARTER BUSINESS SERVICES, INC.,
Defendant.

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April 3, 2017

Case No.: 1:15-CV-727 DNH/RFT
NOTICE OF ACCEPTANCE OF
DEFENDANT’S RULE 68 OFFER OF
JUDGMENT TO PLAINTIFF

NOTICE OF ACCEPTANCE OF OFFER OF JUDGMENT
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 68
Now comes Plaintiff, Valicia Rawlins, by and through her attorneys, Kimmel &
Silverman, P.C., and files Plaintiff’s Acceptance of Defendant’s Offer of Judgment
Pursuant to Rule 68.
1.

On June 12, 2015, Plaintiff filed this action against Defendant.

2.

On March 31, 2017, Defendant served an Offer of Judgment in this action
in the amount of $6,000.00. See Exhibit “A”.

3.

Pursuant to Fed. R. Civ. P. 68, Plaintiff timely served written notice of her
acceptance of the offer via the electronic filing system to Defendant’s
attorney of record.

Date: March 31, 2017

Respectfully submitted,
/s/ Craig Thor Kimmel
Craig Thor Kimmel
Attorney for the Plaintiff
Kimmel & Silverman, P.C.
30 E. Butler Pike
Ambler, PA 19002
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________
VALICIA RAWLINS,
Plaintiff
Case No.: 1:15-CV-727(DNH/RFT)
v.

CARTER BUSINESS SERVICES, INC.,
Defendant
______________________________________

DEFENDANT CARTER BUSINESS SERVICES, INC..’S OFFER OF
JUDGMENT PURSUANT TO FRCP RULE 68
TO PLAINTIFF VALICIA RAWLINS AND TO HER ATTORNEYS OF
RECORD:
Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendants CARTER
BUSINESS SERVICES, INC. (“Defendant”), by and through their counsel, hereby offer
to allow judgment to be taken against Defendant and in favor of Plaintiff VALICIA
RAWLINS (“Plaintiff”), as follows:
1.

Judgment shall be entered in the amount of SIX THOUSAND AND 00/100
dollars ($6,000.00) for damages to Plaintiff;

2.

Taxable costs accrued in connection with the above-referenced action are to
be added to the Judgment as against the Defendant. Said costs are to be in
an amount as agreed by counsel for the parties, or if they are unable to
agree, as determined by the Court, upon Motion; and

Rawlins v. Carter Business Services

Page 1
Defendant’s Offer of Judgment

3.

The judgment entered in accordance with this Offer of Judgment is to be in
total settlement of any and all claims and allegations by Plaintiff against,
implicating or involving Defendant, and said judgment shall have no effect
whatsoever except in settlement of those claims.

In accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff
within fourteen (14) days after service of the Offer, the Offer shall be deemed withdrawn,
and any evidence of this Offer will be inadmissible except in any proceeding to recover
costs.
In accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff,
and the Judgment finally obtained by Plaintiff, exclusive of costs is not more favorable
than this Offer, Plaintiff may be required to pay her costs and attorneys' fees incurred
after the date of this Offer.
s/ David G. Peltan
David G. Peltan, Esq.
Bar Roll No: 515856
Attorney for Defendant
Peltan Law, PLLC
128 Church Street
East Aurora, NY 14052
[phone]
[e-mail]

CERTIFICATE OF SERVICE
I hereby certify that on March 31, 2017, I electronically served the foregoing with the
Plaintiff via her counsel by electronic mail and USPS first class mail. And, I hereby certify that,
to the best of my knowledge and information, there are no other participants on this case
requiring service by any means.
Rawlins v. Carter Business Services

Page 2
Defendant’s Offer of Judgment

s/ David G. Peltan
David G. Peltan, Esq.
Bar Roll No: 515856
Attorney for Defendant

Rawlins v. Carter Business Services

Page 3
Defendant’s Offer of Judgment

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________

VALICIA RAWLINS,
Plaintiff,
v.
CARTER BUSINESS SERVICES, INC.,
Defendant.

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Acceptance
of Defendant’s Rule 68 Offer of Judgment to Plaintiff was served via ECF this 31st day of
March, 2017, upon the following counsel for Defendant:
David G. Peltan, Esq.
Peltan Law, PLLC
128 Church Street
East Aurora, NY 14052
[e-mail]

/s/ Craig Thor Kimmel
Craig Thor Kimmel

Federal Rules of Appellate Procedure
Rule 4. Appeal as of Right
(a) Appeal in a Civil Case.
1. (1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and
4(c), the notice of appeal required by Rule 3 must be filed with the
district clerk within 30 days after entry of the judgment or order
appealed from.
(B) The notice of appeal may be filed by any party within 60 days after
entry of the judgment or order appealed from if one of the parties is:
(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or
(iv) a current or former United States officer or employee sued in an
individual capacity for an act or omission occurring in connection with
duties performed on the United States' behalf — including all instances
in which the United States represents that person when the judgment
or order is entered or files the appeal for that person.
(C) An appeal from an order granting or denying an application for a
writ of error coram nobis is an appeal in a civil case for purposes of
Rule 4(a).
(2) Filing Before Entry of Judgment. A notice of appeal filed after the
court announces a decision or order—but before the entry of the
judgment or order—is treated as filed on the date of and after the entry.
(3) Multiple Appeals. If one party timely files a notice of appeal, any
other party may file a notice of appeal within 14 days after the date
when the first notice was filed, or within the time otherwise prescribed
by this Rule 4(a), whichever period ends later.
(4) Effect of a Motion on a Notice of Appeal.
(A) If a party timely files in the district court any of the following
motions under the Federal Rules of Civil Procedure, the time to file an
appeal runs for all parties from the entry of the order disposing of the
last such remaining motion:
(i) for judgment under Rule 50(b);
(ii) to amend or make additional factual findings under Rule 52(b),
whether or not granting the motion would alter the judgment;
(iii) for attorney's fees under Rule 54 if the district court extends the
time to appeal under Rule 58;
(iv) to alter or amend the judgment under Rule 59;
(v) for a new trial under Rule 59; or
(vi) for relief under Rule 60 if the motion is filed no later than 28 days
after the judgment is entered.
(B)(i) If a party files a notice of appeal after the court announces or
enters a judgment—but before it disposes of any motion listed in Rule
4(a)(4)(A)—the notice becomes effective to appeal a judgment or
order, in whole or in part, when the order disposing of the last such
remaining motion is entered.
(ii) A party intending to challenge an order disposing of any motion
listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment
upon such a motion, must file a notice of appeal, or an amended notice

of appeal—in compliance with Rule 3(c)—within the time prescribed
by this Rule measured from the entry of the order disposing of the last
such remaining motion.
(5) Motion for Extension of Time.
(A) The district court may extend the time to file a notice of appeal
if:
(i) a party so moves no later than 30 days after the time prescribed by
this Rule 4(a) expires; and
(ii) regardless of whether its motion is filed before or during the 30
days after the time prescribed by this Rule 4(a) expires, that party
shows excusable neglect or good cause.
(B) A motion filed before the expiration of the time prescribed in
Rule 4(a)(1) or (3) may be ex parte unless the court requires
otherwise. If the motion is filed after the expiration of the prescribed
time, notice must be given to the other parties in accordance with
local rules.
(C) No extension under this Rule 4(a)(5) may exceed 30 days after
the prescribed time or 14 days after the date when the order granting
the motion is entered, whichever is later.
(6) Reopening the Time to File an Appeal. The district court may
reopen the time to file an appeal for a period of 14 days after the date
when its order to reopen is entered, but only if all the following
conditions are satisfied:
(A) the court finds that the moving party did not receive notice under
Federal Rule of Civil Procedure 77 (d) of the entry of the judgment
or order sought to be appealed within 21 days after entry;
(B) the motion is filed within 180 days after the judgment or order is
entered or within 14 days after the moving party receives notice under
Federal Rule of Civil Procedure 77 (d) of the entry, whichever is
earlier; and
(C) the court finds that no party would be prejudiced.
(7) Entry Defined.
(A) A judgment or order is entered for purposes of this Rule 4(a):
(i) if Federal Rule of Civil Procedure 58 (a) does not require a
separate document, when the judgment or order is entered in the civil
docket under Federal Rule of Civil Procedure 79 (a); or
(ii) if Federal Rule of Civil Procedure 58 (a) requires a separate
document, when the judgment or order is entered in the civil docket
under Federal Rule of Civil Procedure 79(a) and when the earlier of
these events occurs:
• the judgment or order is set forth on a separate document, or
• 150 days have run from entry of the judgment or order in the civil
docket under Federal Rule of Civil Procedure 79 (a).
(B) A failure to set forth a judgment or order on a separate document
when required by Federal Rule of Civil Procedure 58 (a) does not
affect the validity of an appeal from that judgment or order.