PLAINTIFF'S MOTION FOR JUDGMENT ON AN ACCEPTED OFFER OF JUDGMENT

JOHN W. DARRAH, District Judge.

NOW COMES Plaintiff Kathleen Butler, by and through her attorneys, who pursuant to Federal Rule of Civil Procedure 68, and Local Rule 54.3, respectfully requests this Court to grant her Motion for Judgment on an Accepted Offer of Judgment, and states as follows:

1. On February 10, 2015, Defendant transmitted to Plaintiff an offer, pursuant to Fed.R.Civ.P. 68, to allow judgment to be entered against it and in favor of Plaintiff in return for payment to Plaintiff of $1,001 in statutory damages plus reasonable attorneys' fees and costs. (Exhibit A, Defendants' Offer).

2. On February 17, 2015, within 14 days of being served with Defendants' offer, Plaintiff filed her Acceptance of Offer of Judgment (Dkt. # 11) accepting Defendant's offer of Judgment.

3. Federal Rule of Civil Procedure 68(a) states as follows:

4. Plaintiff accepted Defendant's offer of judgment within the 14 day time period.

5. As of the filing of this Motion, judgment has not yet been entered in Plaintiff's favor.

6. Plaintiff respectfully requests that pursuant to her acceptance of the Rule 68 Offer of Judgment, that judgment be entered in favor of Plaintiff pursuant to Federal Rule of Civil Procedure 68 and that the parties proceed according to Local Rule 54.3.

WHEREFORE, based on the foregoing, Plaintiff, by and through her attorneys, requests that this Court, pursuant to Fed.R.Civ.P. 68, enter judgment in favor of Plaintiff. Plaintiff further requests that this Court direct the parties to proceed according to Local Rule 54.3, and/or for any other or further relief this Court deems just.

EXHIBIT A

Dear Counsel:

Pursuant to Rule 68, we make the following offer of judgment on behalf of LVNV Funding LLC ("Defendant") in this case.

Defendant agrees to pay a total of $1,001 to the Plaintiff for her total damages for all claims against LVNV or any related entity arising from the allegations in Plaintiff's Complaint.

Defendant agrees to pay all reasonable costs related to the claims of Plaintiff in this case.

Defendant agrees to pay all reasonable attorney fees related to the claims of Plaintiff in this case. If the parties cannot agree on the reasonable attorney fees, then a fee petition can be submitted to the Court for it to determine the reasonable fees.

Payment as directed above shall be in full and complete satisfaction of all damages for any and all claims arising from the allegations in Plaintiff's Complaint, and Plaintiff shall take nothing further in this case.

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 that the defendant is liable in this action, that the Plaintiff has suffered any damage, or for any other reason.

If this offer is not accepted as provided by Rule 68, it shall be deemed withdrawn and evidence thereof shall not be admissible except in the proceeding to determine costs. This offer remains open for the period of time provided for in Fed.R.Civ.P. 68, as calculated by the Federal Rules of Civil Procedure.