Herrera v. Rhinebeck Bancorp, Inc.

Background

Plaintiff Edery Herrera brought the action on behalf of himself and other similarly situated persons. On April 11, 2025, Herrera submitted Rhinebeck Bancorp, Inc.’s Federal Rule of Civil Procedure 68 offer of judgment and Herrera’s written notice accepting the offer.

Terms of the Accepted Offer

The offer proposed entry of judgment against Rhinebeck in the amount of $1,000. It also included, to the extent applicable, the injunctive relief sought in paragraph (b) of the complaint’s request for relief. Within 24 months, Rhinebeck agreed to retain a qualified consultant acceptable to Herrera to assist with compliance with Website Content Accessibility Guidelines 2.1 for Rhinebeck’s website. The offer further required cooperation with the consultant to train employees and agents who develop the website, regularly check the website’s accessibility, regularly test accessibility for blind or vision-impaired users, and develop a clearly disclosed website-accessibility policy with contact information for reporting related problems.

Rhinebeck also agreed to reimburse Herrera’s reasonable attorneys’ fees and costs incurred through the date of the offer, with the amount to be determined by the court. The offer stated that it was unconditional and intended to fully and finally resolve all of Herrera’s claims for relief. It also stated that it was not an admission that Rhinebeck was liable or that Herrera had suffered damages.

Ruling and Disposition

The court explained that when a plaintiff accepts a Rule 68 offer of judgment, the court must enter judgment accordingly. Judge Vernon S. Broderick therefore directed the Clerk of Court to enter judgment in accordance with the attached offer of judgment. The order did not independently resolve the merits of Herrera’s underlying claims or determine the amount of attorneys’ fees and costs.