Thevenin v. II In Lot Parking Corp
- John Cronan
- 1:19-cv-06010
- U.S. District Court · Southern District of New York
- 2
In Thevenin v. II In Lot Parking Corp., Judge Cronan declined to direct judgment entry until the parties filed proof of service.
Edwin Thevenin and the defendants were affected: Thevenin had accepted the defendants’ offer of judgment, but judgment could not be entered until the parties filed proof of service.
What happened
In Thevenin v. II In Lot Parking Corp., Edwin Thevenin told the court that he accepted the defendants’ offer of judgment under Rule 68 and submitted a proposed judgment.
The parties had not filed proof that the offer or acceptance notice had been served. The court explained that this proof was required before the clerk could enter judgment.
Judge John P. Cronan ordered the parties to file proof of service within one week. The court did not direct the clerk to enter judgment at that time.
The detailed version
- Thevenin v. II In Lot Parking Corp · No. 1:19-cv-06010
- John Cronan
- Dec. 15, 2020
Background
Edwin Thevenin informed the court that he had accepted the defendants’ offer of judgment under Federal Rule of Civil Procedure 68. He also filed a proposed judgment for the court to enter.
Rule 68 Requirements
Rule 68 provides that after a plaintiff accepts a defendant’s offer of judgment, either party may file the offer, the notice of acceptance, and proof of service. The clerk must then enter judgment. The court cited Second Circuit authority stating that proof of service must be filed before the clerk can enter judgment.
Here, the parties had not filed proof of service for either the offer or the notice of acceptance. Because they had not completed that required filing, the court stated that it could not direct the clerk to enter judgment.
Ruling
Judge John P. Cronan ordered the parties to file proof of service within one week after the order was filed. The order did not direct the clerk to enter judgment at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.