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Nicolai v NCO Financial Systems Inc Rule 68 Offer of Judgment Erstad Riemer

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Nicolai v NCO Financial Systems Inc Rule 68 Offer of Judgment Erstad Riemer
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  UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA   ______________________________________________________________________________ Senja Nicolai, Court File No. 13-cv-00097 (SRN/FLN) Plaintiff, v.   NCO FINANCIAL SYSTEMS, INC.’S   RULE 68 OFFER OF JUDGMENT   NCO Financial Systems, Inc., Angela Boyd, Jane Doe, Leeann Christian, and Octavia Willingham, Defendants. _____________________________________________________________________________ TO: PLAINTIFF ABOVE-NAMED  and her Attorneys, Christopher S. Wheaton, Esq. , Barry Slade, Wheaton & Hellwig, LLC, 2701 University Avenue SE, Suite 209, Minneapolis, MN 55414, and Randall P. Ryder, Esq. , The Ryder Law Firm, LLC, 2701 University Avenue SE, Suite 209, Minneapolis, MN 55414: Pursuant to Rule 68 of the Federal Rules of Civil Procedure, NCO Financial Systems, Inc. (“NCO”), Defendant in the above-captioned civil action, hereby offers to allow judgment to  be taken against it in favor of Plaintiff, as follows: 1) Judgment shall be entered against Defendant NCO in the amount of One Thousand and  No/100 Dollars ($1,000.00) as statutory damages. 2) In addition, Plaintiff has alleged that she has suffered “actual damages.” Accordingly,  judgment shall further be entered against Defendant NCO in the amount of Five Hundred and No/100 Dollars ($500.00) as actual damages. 3) In addition, Plaintiff’s reasonable costs and reasonable attorney’s fees accrued in connection with the above-captioned civil action as against Defendant NCO as of the date of service of this Offer of Judgment, as set forth in the Certificate of Service below, are to  be added to the amount of the Judgment as against Defendant NCO, said fees and costs as CASE 0:13-cv-00097-SRN-FLN Document 15-1 Filed 04/08/13 Page 1 of 3  2 are agreed to between counsel for the parties, or, if they are unable to agree, as determined by the Court upon motion by Plaintiff, in which case P laintiff’s additional reasonable fees and costs incurred in presenting such motion will also be added to the amount of the Judgment.. 4) The Judgment entered in accordance with this Offer of Judgment is to be in total settlement of any and all claims by Plaintiff against Defendant NCO, and said Judgment shall have no effect whatsoever, except in settlement of those claims. 5) This Offer of Judgment is made solely for the purposes specified in Rule 68 of the Federal Rules of Civil Procedure and is not to be construed as an admission either that Defendant NCO is liable in this action or that Plaintiff has suffered any damage, and Defendant NCO hereby denies all liability. In accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff within fourteen (14) days after service of the Offer, as set forth in the certificate of service below, the Offer shall be deemed withdrawn, and any evidence of this Offer will be inadmissible, except in any proceeding to recover costs. Further in accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff, and if the judgment finally obtained by Plaintiff is not more favorable than this Offer, Plaintiff must pay her costs incurred after the making of this Offer and the costs of Defendant NCO as well, pursuant to O’Brien v. City of Greers Ferry, 873 F.2d 1115, 1120 (8th Cir. 1989). CASE 0:13-cv-00097-SRN-FLN Document 15-1 Filed 04/08/13 Page 2 of 3  3 Erstad & Riemer, P.A. Dated: March 26, 2013. s/ Thomas H. Schaefer Thomas H. Schaefer (#231587) Erstad & Riemer, P.A. 200 Riverview Office Tower 8009 34th Avenue South Minneapolis, MN 55425 Telephone: (952) 837-3250 Facsimile: (952) 896-3717 E-mail: tschaefer@erstad.com and S ESSIONS ,    F ISHMAN ,    N ATHAN &   I SRAEL ,    LLC Dated: March 26, 2013. By: s/ Louis Leonard Galvis Louis Leonard Galvis (Colorado Bar No. 32885) ( Pro Hac Vice ) 645 Stonington Lane Fort Collins, CO 80525 Telephone: (970) 223-4420 Facsimile: (970) 223-4490 E-mail: lgalvis@sessions-law.biz  Attorneys for Defendant,  NCO Financial Systems, Inc. CASE 0:13-cv-00097-SRN-FLN Document 15-1 Filed 04/08/13 Page 3 of 3
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