Pond v. Primary Capital Advisors LC

Filing 56

ORDER to provide the Court with briefing on whether Pond, Lawrence, Smith and Mangus's acceptance of the Offer of Judgment is valid by 2/9/2012. Signed by Chief Judge Robert J. Conrad, Jr on 2/2/2012. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-156-RJC-DSC
MICHAEL POND,
Plaintiff,
v.
PRIMARY CAPITAL ADVISORS LC,
Defendant.

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ORDER

THIS MATTER comes before the Court sua sponte. On January 23, 2012, Plaintiff
Michael Pond (“Pond”) and opt-in plaintiffs Steven Todd Lawrence (“Lawrence”), William
Smith (“Smith”), and Nicholas Mangus (“Mangus”) filed a Notice of Acceptance of Offer of
Judgment and Motion for Partial Judgment (“Notice of Acceptance”). (Doc. No. 55). In their
Notice of Acceptance, Pond, Lawrence, Smith and Mangus state that on December 23, 2011,
Defendant Primary Capital Advisors LC (“Defendant”) served them with an Offer of Judgment
in accordance with Rule 68. (Id. at 1). Pursuant to this Offer of Judgment, Defendant agreed to
allow judgment against it and in favor of Pond, Lawrence, Smith and Mangus. (Id.). In the
Offer of Judgment, however, Defendant states that “Acceptance by less than all Plaintiffs shall
be deemed a rejection of this offer.” (Doc. No. 55-1 at 1).
On December 30, 2011, Eric Pierce filed a Notice of Filing Consent to Join Litigation.
(Doc. No. 54). That same day, Pond and the Prospective Plaintiffs accepted Defendant’s Offer
of Judgment. (Doc. No. 55-2). Pursuant to Rule 68, Pond, Lawrence, Smith and Mangus filed
the Notice of Acceptance on January 23, 2012, (Doc. No. 55), and moved this Court for a
judgment only as to these plaintiffs. (Id.). In their Notice of Acceptance, Pond and the
Prospective Plaintiffs state that Eric Pierce was not included in Defendant’s Offer of Judgment,

and they “ask that Mr. Pierce’s claims be excluded from any judgment entered as he will
continue to pursue his claims and the pending motion for conditional certification.” (Doc. No.
55 at 2).
The parties are hereby ORDERED to provide the Court with briefing on whether Pond,
Lawrence, Smith and Mangus’s acceptance of the Offer of Judgment is valid.
IT IS, THEREFORE, ORDERED that Plaintiff and Defendant shall each provide such
briefing no later than February 9, 2012. No responses will be permitted except by leave of Court.

Signed: February 2, 2012

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