DEFENDANTS' MOTION FOR ENTRY OF JUDGMENT

ROBERT W. GETTLEMAN, District Judge.

Now come the Defendants, Greenwise Organic Lawn Care, LLC and Marc Edward Wise, by their attorneys, John O'Connor and Brian Ekstrom of Pappas O'Connor, P.C., and respectfully move this Honorable Court for entry of judgment against the Defendants in the amount of $6,100, plus costs, litigation expenses and attorneys' fees as determined by this Court, to strike the responsive pleading date and to dismiss this action following the taxing of costs and determination of attorneys' fees and litigation expenses. In support of their motion, Defendants state as follows:

1. Plaintiff Gerardo Alvarez, a former employee of Defendant Greenwise, filed the instant complaint alleging unlawful deductions and unpaid wages under the Fair Labor Standards Act, the Portal to Portal Act, the Illinois Minimum Wage Act, and the Illinois Wage Payment and Collection Act on September 1, 2016. (Doc. 1)

2. Defendants were served with Summons and the Complaint on October 10, 2016 and their answer or responsive pleading is currently due on October 31, 2016. (Doc. 5)

3. On October 28, 2016, Defendants tendered to Plaintiff's counsel, John Billhorn, by hand-delivery, a Cashier's Check made payable to Mr. Alvarez in the amount of $6,100.00, along with correspondence advising Plaintiff's counsel that Defendants were hereby tendering to Plaintiff an amount in excess of all amounts claimed in his Complaint and agreeing to the entry of judgment against them and to pay Plaintiff's costs, litigation expenses and reasonable attorneys' fees as determined by the court in full satisfaction of Mr. Alvarez' claims in the complaint. (Exhibit A).

4. As Defendants have tendered to Plaintiff all that he can recover in this matter, there remains no case or controversy and his claim is moot. Alvarez v. Smith, 558 U.S. 87, 93, 130 S.Ct. 576, 580 (2009); Fulton v. Denial, LLC v. Bisco, Inc. 2016 WL 4593825 *10, 16 (N.D. Ill. September 2, 2016) (entering judgment in favor of plaintiff upon defendant's tender of full relief to plaintiff and directing plaintiff to file bill of costs and finding that tender of full relief will moot plaintiff's claims). See, also, Campbell — Ewald v. Gomez, ___ U.S. ___ (2016), 136 S.Ct. 663, 685 (2016) (Alito, J., dissenting) ("Today's decision thus does not prevent a defendant who actually pays complete relief — either directly to the plaintiff or to a trusted intermediary — from seeking dismissal on mootness grounds.")

5. In light of the tender of full relief, including judgment in favor of Alvarez on the claims in his complaint and Defendants' agreement to pay his costs, litigation expenses and reasonable attorneys' fees as determined by this Court, this Court should enter judgment in favor of Plaintiff and against Defendants on Plaintiff's claims in his complaint in the amount of $6,100.00 plus costs. Litigation expenses and attorneys' fees as determined by the Court.

Wherefore, Defendants Greenwise Organic Lawn Care, LLC and Marc Edward Wise respectfully move this Honorable Court to enter judgment against them and in favor of Plaintiff Alvarez on all claims in his complaint in the amount of $6,100.00 plus costs and reasonable attorneys' fees and litigation expenses as determined by the Court, to strike the deadline for Defendants' responsive pleading as moot, and to thereafter dismiss this case following the taxing of costs and determination of reasonable attorneys' fees and litigation expenses.

Exhibit A

Dear Mr. Billhorn:

We represent the Defendants, Greenwise Organic Lawn Care LLC and Marc Wise (collectively "Greenwise") in the case filed by your client, Gerardo Alvarez, Case No. 16 cv 08598. My clients do not wish to incur substantial legal fees litigating the claims in this matter. Accordingly, the Defendants are hereby tendering to Mr. Alvarez in full satisfaction of his claims in the above-captioned complaint an amount in excess of all relief sought and available to him under his complaint. Specifically, enclosed please find a Cashier's Check made payable to Mr. Alvarez in the amount of $6,100.00. Greenwise will also promptly pay the court costs, litigation expenses and reasonable attorneys' fees as determined by the court.

More specifically, Greenwise is tendering the following to Mr. Alvarez.

1. For Mr. Alvarez' allegations of an improper uniform deduction under the Illinois Wage Payment and Collection Act, Greenwise tenders to Mr. Alvarez the amount of $27.25, which includes (a) the $20.00 deduction from Check No. 101888 dated September 4, 2015. This is the only deduction made from Mr. Alvarez' payroll throughout his employment with Greenwise (see attached payroll records); (b) $6.00 for the 2% monthly penalty under the IWPCA; $1.25 for prejudgment interest at the Illinois statutory rate of 5%.

2. For Mr. Alvarez' allegations of unpaid "off-the-clock work" under the Illinois Minimum Wage Law and the Fair Labor Standards Act, Greenwise tenders to Mr. Alvarez the amount of $2,551. 51, which represents payment of at least one hour at Mr. Alvarez' premium rate of $15.75 per hour for every day that Mr. Alvarez worked for Greenwise.

3. For Mr. Alvarez' claim for liquidated damages under the FLSA, the amount of $2,551.51.

4. For Mr. Alvarez' claim for a 2% per month penalty under the 1MWL, the amount of $477.06 for the period of August 2015 through October 2016.

5. For Mr. Alvarez' claim for prejudgment interest on his alleged unpaid wages, the amount of $110.23 at the Illinois statutory rate of 5%.

6. May 3, 2015. Please note that, as indicated on the attached time records, Mr. Alvarez forgot to punch out at the end of his workday on May 3, 2016 so that the timeclock recorded his May 4 morning punch as a punch-out and reflected 23.5 hours of time. Mr. Alvarez was paid for his actual work time of more than 15 hours for that day, as reflected on the payroll records. To avoid any doubt, Greenwise also tenders to Mr. Alvarez payment for the erroneously recorded 8.22 hours in the amount of $129.47 and liquidated damages in the same amount of $129.47 for a total $258.94.

7. Also for the avoidance of doubt, Greenwise tender to Mr. Alvarez an additional amount of $123.50.

We also attach complete, true and correct copies of Mr. Alvarez' time records and payroll records along with a declaration from General Manager Dan Klindera attesting to same. Please note that for June 1, 2016, Mr. Alvarez' time punch records reflect a punched-in time of 1.27 hours but, as reflected on the payroll records, Mr. Alvarez was paid for the 9.27 hours that he worked that day. Please also note that Greenwise used paper timesheets during the winter months rather than a timeclock and Mr. Alvarez' time sheets are included.

As described above, Greenwise's tender to Mr. Alvarez provides him more than the amounts he could recover in this action. Greenwise does not wish to engage in prolonged litigation over Mr. Alvarez' allegations and therefore makes the above-described tender of $6,100.00, plus costs, litigation expenses and reasonable attorneys' fees as determined by the court and the entry of judgment by the court in favor of Mr. Alvarez and against both Defendants in full satisfaction of Mr. Alvarez' claims in the complaint. Accordingly, we will be filing a motion with the court for entry of judgment and determination of costs and reasonable attorneys' fees and non-taxable expenses.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

DECLARATION OF DAN KLINDERA

1, Dan Klindera, under penalties of perjury pursuant to 28 U.S.C. § 1746, state as follows:

1. I am employed by Greenwise Organic Lawn Care, LLC ("Greenwise") in the position of General Manager and have been so employed since 2014.

2. The attached records are true and correct copies of Greenwise's time records and payroll records for former employee, Gerardo Rivera, the Plaintiff in this action and have been kept by Greenwise in the ordinary course of business.