Teed v. JT Packard & Associates, Inc.

Filing 161

ORDER re (105 in 3:09-cv-00313-bbc, 157 in 3:08-cv-00303-bbc) Notice of acceptance of offer of judgment. Plaintiffs may have until 5/17/20 to respond to this order. Signed by District Judge Barbara B. Crabb on 5/10/2012. Associated Cases: 3:08-cv-00303-bbc, 3:09-cv-00313-bbc (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BRIAN TEED,
MARCUS CLAY, ANDY AI,
MICHAEL ANDERSON,
JAMES BENSON, KEVIN BURK,
HENRY CHAU, NORMAN
EASTWOOD, JR., THERESA
FRITSCHER RUCHO (as real party
in interest for the Estate of
Andrew Fritscher), TIM HERSHEY,
WALT GIBSON, OMA GRAVES,
MICHAEL KEHRMEYER,
CHRISTOPHER KRAFT, WESLEY
MARCUM, DARRICK NELSON,
JESSE OLIVAS, WILLIAM
PERRY, JR., JAMES PROVENZALE,
JIMMY RIVERA, RICHARD SILVERS,
OUMAR SOW, JEFF St. ONGE,
CURTIS TROUP, SCOTT WOLF,
ORDER
Plaintiffs,
08-cv-303-bbc
09-cv-313-bbc
v.
THOMAS & BETTS POWER
SOLUTIONS, LLC.,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiffs’ counsel has filed a notice of acceptance of defendant’s offer of judgment.

1

I would order the entry of judgment for plaintiffs on the basis of this filing, were it not for
questions raised by the notice. First, plaintiffs have included a statement in the notice
related to Scott Wolf.

The statement reads in full as follows: “In accordance with

Defendants’ [sic] Offer of Judgment, opt-in plaintiff Scott Wolf is entitled to the following:”
Nothing follows. Second, dkts. ## 140, 141, 142 and 143 show that plaintiffs Ai, Gibson,
Sow and Onge accepted the offer of judgment, but they are not included in the list of
persons for whom judgment is to be entered.
I cannot direct the entry of judgment without knowing what Wolf is entitled to or
why plaintiffs Ai, Gibson, Sow and Onge are not included in the judgment proposed by
plaintiffs’ counsel.
Therefore, I will delay directing the entry of judgment until May 17, 2012. If by that
time, counsel has responded satisfactorily to my questions, I will enter an order directing
entry of judgment. If he has not, it will be necessary to hold a hearing.
Entered this 10th day of May, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

2