Fedora v. Lollar

Filing 26

ORDER that 23 Plaintiff's Response to Defendant's Offer of Judgement and Plaintiffs Proposal of Settlement is ORDERED to be STRICKEN and removed from the record in this matter. Signed by Magistrate Judge Dennis Howell on 5/17/2017. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 26

SHIRLEY ANN FEDORA,

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Plaintiff
v
ALISHA SANE LOLLAR,
Defendant.

ORDER

THIS MATTER is before the undersigned pursuant to Plaintiff’s Response
to Defendant’s Offer of Judgement, and Plaintiff’s Proposal of Settlement (#23). It
appears that Defendant presented an Offer of Judgment to the Plaintiff, pursuant to
Rule 68 of the Federal Rules of Civil Procedure. It further appears from Plaintiff’s
Response that Plaintiff has declined the Offer of Judgment. Rule 68 of the Federal
Rules of Civil Procedure provides as follows:
Rule 68. Offer of Judgment
(a) Making an Offer; Judgment on an Accepted Offer. At least
14 days before the date set for trial, a party defending against a claim
may serve on an opposing party an offer to allow judgment on specified
terms, with the costs then accrued. If, within 14 days after being served,
the opposing party serves written notice accepting the offer, either party
may then file the offer and notice of acceptance, plus proof of service.
The clerk must then enter judgment.
(b) Unaccepted Offer. An unaccepted offer is considered withdrawn,
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but it does not preclude a later offer. Evidence of an unaccepted offer
is not admissible except in a proceeding to determine costs.
Rule 68 provides that an offer of judgment is only to be filed if it has been
accepted. The Plaintiff’s Response shows that the offer of judgment has not been
accepted. The Plaintiff’s Response contains impertinent material such as offers of
settlement and the undersigned finds it should be stricken from the record.
ORDER
IT IS, THEREFORE, ORDERED that Plaintiff’s Response to Defendant’s
Offer of Judgement and Plaintiff’s Proposal of Settlement (#23) is ORDERED to
be STRICKEN and removed from the record in this matter.

Signed: May 17, 2017

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