PLAINTIFF'S MOTION TO ENTER JUDGMENT PURSUANT TO DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC'S RULE 68 OFFER OF JUDGMENT

SHARON JOHNSON COLEMAN, Magistrate Judge.

NOW COMES Plaintiff Syed A. Ali, by his attorneys The Law Office of M. Kris Kasalo, Ltd. and The Law Office of Robert W. Harrer, P.C., and for his Motion to Enter Judgment Pursuant to Defendant PRA's Rule 68 Offer of Judgment states as follows:

1. On November 18, 2016, Plaintiffs filed their first amended consolidated complaint ("operative complaint"). (Dkt. #127).

2. On November 30, 2016, Defendant Portfolio Recovery Associates, LLC ("PRA") served its Rule 68 Offer of Judgment on Plaintiff via USPS regular mail and email. Defendant's Offer of Judgement stated that judgment shall be entered in the amount of $1500 for Plaintiff's damages as to Count IX of Plaintiff's Complaint. Defendant's Offer of Judgment further stated that judgment shall be entered against Defendant for reasonable fees and costs incurred in prosecuting Count IX of Plaintiff's Complaint. (Exhibit 1, see Exhibit A to Plaintiff's e-filed Acceptance of Defendant's Rule 68 Offer of Judgment).

3. On December 14, 2016, Plaintiff timely accepted Defendant's Rule 68 Offer of Judgment with respect to Count IX of the operative complaint.

4. On December 22, 2016, Plaintiff's counsel served, via e-mail and USPS regular mail, a copy of Plaintiff's e-filed Notice of Acceptance of Defendant's Rule 68 Offer of Judgment and certificate of service.

5. On January 20, 2017, Plaintiff filed his acceptance of Defendant's Offer of Judgment. (Exhibit 1, Plaintiff's e-filed Acceptance of Defendant's Rule 68 Offer of Judgment) (Dkt. #141).

6. Fed. R. Civ. P. Rule 68(a) states:

7. Therefore, upon filing the acceptance of the offer and notice of acceptance plus proof of service, judgment is to be entered.

8. Plaintiff has filed his acceptance of the offer, notice of the acceptance and proof of service.

9. Based on the foregoing, pursuant to Defendant's accepted Rule 68 Offer of Judgment, Plaintiff requests that this Honorable Court enter judgment in favor of Plaintiff as to Count IX of the operative complaint, in the amount of $1500 for Plaintiff's damages plus reasonable attorneys' fees and costs.

WHEREFORE, based on the foregoing, Plaintiff, Syed A. Ali, through his counsel, The Law Office of M. Kris Kasalo, Ltd. and The Law Office of Robert W. Harrer, Ltd. respectfully requests that this court enter judgment in favor of Plaintiff in the amount of $1500 for Plaintiff's damages plus reasonable attorney's fees and costs pursuant to Defendant's accepted Rule 68 Offer of Judgment as to Count IX of the operative complaint.

EXHIBIT 1

NOTICE OF ACCEPTANCE OF DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC'S RULE 68 OFFER OF JUDGMENT AS TO COUNT IX OF PLAINTIFF'S FIRST AMENDED CONSOLIDATED COMPLAINT UNDER CASE #15-cv-6178

Plaintiff Syed A. Ali hereby accepts Defendant Portfolio Recovery Associates, LLC's Rule 68 Offer of Judgment served on Plaintiff on November 30, 2016 via USPS regular mail and email in the amount of $1,500.00 for Plaintiff's damages, plus reasonable attorneys' fees and costs arising from Plaintiff's claims against Defendant Portfolio Recovery Associates, LLC in, and only in, Count IX of Plaintiff's First Amended Consolidated Complaint filed on November 18, 2016, the operative complaint at the time Defendant's Rule 68 Offer of Judgment was served. Said Offer of Judgment is attached hereto as Exhibit A.

Plaintiff had timely accepted Defendant's R. 68 Offer of Judgment on December 14, 2016, under case #16-cv-3872, the case associated with Count IX of the operative complaint, and served notice to Defendant on December 22, 2016. On January 6, 2017, this Court struck Plaintiff's Motion for Entry of Judgment in case #16-cv-3872 (Case 16-cv-3872, Dkt. #29). On January 6, 2017, this court also consolidated all related case numbers under 15-cv-6178 and stated "All matters related to this case are to be brought before the Court under case number 15-cv-06178". (Dkt. #139).

Plaintiff hereby requests the Court to enter an Order of Judgment as to Count IX of Plaintiff's First Amended Consolidated Complaint for said amount in accordance with the provisions of Federal Rule of Civil Procedure 68.

CERTIFICATE OF SERVICE

I hereby certify that on January 20, 2017, I served the foregoing NOTICE OF ACCEPTANCE OF DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC'S RULE 68 OFFER OF JUDGMENT AS TO COUNT IX OF PLAINTIFF'S FIRST AMENDED CONSOLIDATED COMPLAINT UNDER CASE #15-cv-6178 and the instant Certificate of Service via electronic filing/ECF on each counsel of record for Defendant who has appeared.

EXHIBIT A

DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC'S RULE 68 OFFER OF JUDGMENT

Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendant, PORTFOLIO RECOVERY ASSOCIATES, LLC ("Defendant"), by and through their attorneys, Avanti D. Bakane and Philip T. Barrett of Gordon Rees Scully Mansukhani, LLP, hereby offers to allow judgment to be entered against it in this action, and state as follows:

1. Judgment shall be entered against Defendant in the amount of $1,500.00 as to Plaintiff arising from Plaintiffs' claims against Defendant as alleged in Count IX of Plaintiffs' Complaint.

2. Judgment shall also be entered against Defendant for reasonable fees and costs incurred by Plaintiffs in prosecuting in Count IX of Plaintiffs' Complaint only in the above-captioned matter, pursuant to 15 U.S.C. 1692k(a)(3), as agreed to by the parties, and, in the event no agreement can be reached, to be determined by the Court.

3. This offer of judgment is inclusive of all damages, fees, and costs as to Plaintiffs' claims alleged in Count IX of Plaintiffs' Complaint only.

CERTIFICATE OF SERVICE

I hereby certify that on November 30, 2016, I served, the foregoing Defendants Defendant Portfolio Recovery Associates, LLC's Rule 68 Offer of Judgment by via electronic and U.S. Mail, proper postage pre-paid, to all parties of record, from One North Franklin, Suite 800, Chicago, IL 60606.