Jacobs et al v. L'Oreal U.S.A., Inc. et al

Filing 233

OPINION AND ORDER: Under these circumstances, the Court needs to convene an in-court conference to clarify and resolve these various issues. The conference shall be held on Thursday, August 30, 2018 at 5:00 P.M. in Courtroom 14B of the United States courthouse at 500 Pearl Street, New York, New York. At the conference, there must be present in person at least one lawyer from each side who is fully knowledgeable with respect to all relevant aspects of the above-described imbroglio. In addition, t here must be present, in person, a client representative from defendants with full authority over the making and withdrawing of the aforesaid offers. In the interim, defendants are hereby enjoined from withdrawing the offers of judgment until the conclusion of the in-court conference. (Status Conference set for 8/30/2018 at 05:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 8/23/2018) (jwh)

lJSllC SDNY

DOCUMENT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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16-cv-6593
In re: AMLA LITIGATION
OPINION AND ORDER

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JED S. RAKOFF, U.S.D.J.
Defendants in this case made an of fer of judgment to each
of the individual plaintiffs, purportedly without prejudice to
the remaining class claims. These offers were purportedly made
as formal offers of judgment pursuant to Rule 68 of the Federal
Rules of Civil Procedure, even though they were not docketed as
such. Court then set a briefing schedule on plaintiffs' motion
for an order staying these Rule 68 offers until after the
resolution of the class claims,. which,

inter alia, required

defendants' opposition to plaintiffs' motion to be filed on
August 22, 2018. No such response was filed, but on August 23,
2018, the parties jointly called chambers and defense counsel
explained that

(a) he was under the impression that the response

was due on August 27, and,

(b)

in any case, the matter was moot

because he had been instructed by his client to withdraw the
offers of judgment, effective at 5:00 P.M. on August 24, even
though he

(counsel) had previously agreed that they would remain

open until the end of September.

In response, plaintiffs'

counsel stated that at least one of the named plaintiffs had
already accepted in writing the offer of judgment and that,

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furthermore, plaintiffs believed that defendant should be
required to keep the offers open until the end of September
because plaintiffs may have relied on defense counsel's
representation that that would be the case.
Under these circumstances, the Court needs to convene an
in-court conference to clarify and resolve these various issues.
The conference shall be held on Thursday, August 30, 2018 at
5:00 P.M. in Courtroom 14B of the United States courthouse at
500 Pearl Street, New York, New York. At the conference, there
must be present in person at least one lawyer from each side who
is fully knowledgeable with respect to all relevant aspects of
the above-described imbroglio.
present,

In addition, there must be

in person, a client representative from defendants with

full authority over the making and withdrawing of the aforesaid
offers.
In the interim, defendants are hereby enjoined from
withdrawing the offers of judgment until the conclusion of the
in-court conference.
SO ORDERED.
Dated:

New York, NY
August 2.S, 2018

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