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Ali v. Portfolio Recovery Associates, LLC

United States District Court, N.D. Illinois, Eastern Division

January 5, 2017

SYED A. ALI, PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC and BLITT & GAINES, P.C. and FREEDMAN ANSELMO LINDBERG, LLC n/k/a ANSELMO LINDBERG OLIVER, LLC DEFENDANTS. YASMEEN ALI, as natural parent and best friend of SHA, a minor, PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, and SANJAY S. JUTLA, and KEVIN J. EGAN, DEFENDANTS. SYED A. ALI, PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, and KEVIN J. EGAN, DEFENDANTS. SYED A. ALI, PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, DEFENDANT.

          SHARON JOHNSON COLEMAN JUDGE

          PLAINTIFF'S MOTION TO ENTER JUDGMENT PURSUANT TO DEFENDANT'S RULE 68 OFFER OF JUDGMENT

          DANIEL G. MARTIN 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's Rule 68 Offer of Judgment states as follows:

         1. On March 30, 2016, Plaintiff filed his complaint styled as Syed A. Ali v. Portfolio Recovery Associates, LLC, (Case number: 16-cv-3872). (Case #16-cv-3872, Dkt. #1)

         2. On April 25, 2016, this court reassigned the above referenced case (Case #16-cv-3872) as well as two other cases (case numbers 15-cv-11582 and 16-cv-01581) to this court under case number 15-cv-6178. The court order Plaintiffs in all cases to file a consolidated complaint. (Case #15-cv-6178, Dkt. #66)

         3. Plaintiffs filed their consolidated complaint on May 18, 2016. (Case #15-cv-6178, Dkt. #74).

         4. While Plaintiffs' filed a consolidated complaint, the cases maintained their case numbers as the cases were reassigned to this court. (See Order in case #15-cv-6178, Dkt. #66)

         5. On November 18, 2016, Plaintiffs filed their first amended consolidated complaint. (Case #15-cv-6178, Dkt. #127).

         6. Count IX of the operative complaint relates to case number 16-cv-3872. (See case #15-cv-6178, Dkt. #74, ¶¶223-282, and 16-cv-3872, Dkt. #1).

         7. On November 30, 2016, Defendant 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 A, Defendant's Rule 68 Offer of Judgment).

         8. On December 14, 2016, Plaintiff timely filed his acceptance of Defendant's Rule 68 Offer of Judgment with respect to Count IX of the operative complaint, or case number 16-cv-3872, with this Court via its CM/ECF electronic filing system under that same case number. (Exhibit B, case #16-cv-3872, Dkt. #22, E-filed Notice of Acceptance of Defendant's Rule 68 Offer of Judgment).

         9. On December 22, 2016, Plaintiff's counsel Rob Harrer 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. (Exhibit C, E-filed Notice of Acceptance of Defendant's Rule 68 Offer of Judgment and certificate of service).

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

(a) Making an Offer; Judgment on an ...

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