Mraz v. I.C. Systems, Inc., 2:18-cv-254-FtM-38NPM. (2019)
Court: District Court, M.D. Florida
Number: infdco20190905913
Visitors: 4
Filed: Sep. 04, 2019
Latest Update: Sep. 04, 2019
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Defendant's Offer of Judgment (Doc. 36-1), which Plaintiff accepted (Doc. 36). The parties agreed to the Offer of $1,001 plus "an additional amount for reasonable attorney's fees and taxable costs incurred by Plaintiff, in [an] amount to be determined by the Court if the parties are unable to come to an agreement." (Doc. 36-1 at 1). Rule 68 allows parties to agree on "an offer to allow judgment on specified terms, with
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Defendant's Offer of Judgment (Doc. 36-1), which Plaintiff accepted (Doc. 36). The parties agreed to the Offer of $1,001 plus "an additional amount for reasonable attorney's fees and taxable costs incurred by Plaintiff, in [an] amount to be determined by the Court if the parties are unable to come to an agreement." (Doc. 36-1 at 1). Rule 68 allows parties to agree on "an offer to allow judgment on specified terms, with t..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Defendant's Offer of Judgment (Doc. 36-1), which Plaintiff accepted (Doc. 36). The parties agreed to the Offer of $1,001 plus "an additional amount for reasonable attorney's fees and taxable costs incurred by Plaintiff, in [an] amount to be determined by the Court if the parties are unable to come to an agreement." (Doc. 36-1 at 1). Rule 68 allows parties to agree on "an offer to allow judgment on specified terms, with the costs then accrued." Fed. R. Civ. P. 68(a). Considering the accepted Offer, Rule 68, and relevant law, the Court will enter judgment in favor of Plaintiff and reserve jurisdiction to determine reasonable attorney's fees and costs, if necessary. See Arencibia v. Miami Shoes, Inc., 113 F.3d 1212, 1214 (11th Cir. 1997) (The "court properly reserved jurisdiction in its final judgment to determine costs awardable."). In the event the parties cannot resolve the matter on their own, Plaintiff must file a motion for attorney's fees and costs within thirty days. And the Court may then enter an amended judgment after resolution on the fees and costs.
Accordingly, it is now
ORDERED:
1. The Clerk is DIRECTED to enter judgment in favor of Plaintiffs.
2. The Clerk is DIRECTED to terminate all deadlines and pending motions.
3. To enforce the accepted Offer of Judgment (Doc. 36-1), the Court RESERVES JURISDICTION to determine Plaintiff's reasonable attorney's fees and taxable costs, if necessary. Should the parties fail to resolve those matters on their own, Plaintiff must FILE a motion for attorney's fees and costs on or before October 4, 2019.
DONE and ORDERED.
FootNotes
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Source: Leagle
