Nicolai V NCO Financial Systems Inc Rule 68 Offer of Judgment Erstad Riemer
Nicolai V NCO Financial Systems Inc Rule 68 Offer of Judgment Erstad Riemer
v.
NCO Financial Systems, Inc., Angela
Boyd, Jane Doe, Leeann Christian, and
Octavia Willingham,
Defendants.
_____________________________________________________________________________
TO: PLAINTIFF ABOVE-NAMED and her Attorneys, Christopher S. Wheaton, Esq.,
Barry Slade, Wheaton & Hellwig, LLC, 2701 University Avenue SE, Suite 209, Minneapolis,
MN 55414, and Randall P. Ryder, Esq., The Ryder Law Firm, LLC, 2701 University Avenue
SE, Suite 209, Minneapolis, MN 55414:
Pursuant to Rule 68 of the Federal Rules of Civil Procedure, NCO Financial Systems,
Inc. (NCO), Defendant in the above-captioned civil action, hereby offers to allow judgment to
be taken against it in favor of Plaintiff, as follows:
1)
Judgment shall be entered against Defendant NCO in the amount of One Thousand and
No/100 Dollars ($1,000.00) as statutory damages.
2)
In addition, Plaintiff has alleged that she has suffered actual damages. Accordingly,
judgment shall further be entered against Defendant NCO in the amount of Five Hundred
and No/100 Dollars ($500.00) as actual damages.
3)
are agreed to between counsel for the parties, or, if they are unable to agree, as
determined by the Court upon motion by Plaintiff, in which case Plaintiffs additional
reasonable fees and costs incurred in presenting such motion will also be added to the
amount of the Judgment..
4)
5)
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 either that
Defendant NCO is liable in this action or that Plaintiff has suffered any damage, and
Defendant NCO hereby denies all liability.
In accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff within
fourteen (14) days after service of the Offer, as set forth in the certificate of service below, the
Offer shall be deemed withdrawn, and any evidence of this Offer will be inadmissible, except in
any proceeding to recover costs.
Further in accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff,
and if the judgment finally obtained by Plaintiff is not more favorable than this Offer, Plaintiff
must pay her costs incurred after the making of this Offer and the costs of Defendant NCO as
well, pursuant to OBrien v. City of Greers Ferry, 873 F.2d 1115, 1120 (8th Cir. 1989).
s/ Thomas H. Schaefer
Thomas H. Schaefer (#231587)
Erstad & Riemer, P.A.
200 Riverview Office Tower
8009 34th Avenue South
Minneapolis, MN 55425
Telephone: (952) 837-3250
Facsimile: (952) 896-3717
E-mail: [email protected]
and
SESSIONS, FISHMAN, NATHAN & ISRAEL, LLC