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Rawlins v. Carter Business Service, Inc.

United States District Court, N.D. New York

March 31, 2017

VALICIA RAWLINS, Plaintiff,
v.
CARTER BUSINESS SERVICES, INC., Defendant.

          Craig Thor Kimmel Attorney for the Plaintiff Kimmel & Silverman, P.C.

          NOTICE OF ACCEPTANCE OF DEFENDANT'S RULE 68 OFFER OF JUDGMENT TO PLAINTIFF

         NOTICE OF ACCEPTANCE OF OFFER OF JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 68

         Now comes Plaintiff, Valicia Rawlins, by and through her attorneys, Kimmel & Silverman, P.C., and files Plaintiffs Acceptance of Defendant's Offer of Judgment Pursuant to Rule 68.

         1. On June 12, 2015, Plaintiff filed this action against Defendant.

         2. On March 31, 2017, Defendant served an Offer of Judgment in this action in the amount of $6, 000.00. See Exhibit “A”.

         3. Pursuant to Fed.R.Civ.P. 68, Plaintiff timely served written notice of her acceptance of the offer via the electronic filing system to Defendant's attorney of record.

         DEFENDANT CARTER BUSINESS SERVICES, INC..'S OFFER OF JUDGMENT PURSUANT TO FRCP RULE 68

         TO PLAINTIFF VALICIA RAWLINS AND TO HER ATTORNEYS OF RECORD:

         Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendants CARTER BUSINESS SERVICES, INC. (“Defendant”), by and through their counsel, hereby offer to allow judgment to be taken against Defendant and in favor of Plaintiff VALICIA RAWLINS (“Plaintiff”), as follows:

1. Judgment shall be entered in the amount of SIX THOUSAND AND 00/100 dollars ($6, 000.00) for damages to Plaintiff;
2. Taxable costs accrued in connection with the above-referenced action are to be added to the Judgment as against the Defendant. Said costs are to be in an amount as agreed by counsel for the parties, or if they are unable to agree, as determined by the Court, upon Motion; and
3. The judgment entered in accordance with this Offer of Judgment is to be in total settlement of any and all claims and allegations by Plaintiff against, implicating or involving Defendant, and said judgment shall have no effect whatsoever except in settlement of those claims.

         In accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff within fourteen (14) days after service of the Offer, the Offer shall be deemed withdrawn, and any evidence of this Offer will be inadmissible except in any proceeding to recover costs.

         In accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff, and the Judgment finally obtained by Plaintiff, exclusive of costs is not more favorable than this Offer, Plaintiff may be required to pay her costs and attorneys' fees incurred after the date of this Offer.

         UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

         VALICIA RAWLINS, Plaintiff, v.

         CARTER BUSINESS ...


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