Ametepe v. Peak Time Parking, Corp.
- Stewart Aaron
- 1:18-cv-05384
- U.S. District Court · Southern District of New York
- 2
Ametepe v. Peak Time Parking, Corp.: Judge Engelmayer granted Plaintiffs’ request to strike an unaccepted Rule 68 offer filed without service.
The plaintiffs and defendants in the wage-and-hour case were affected; docket entry 109 was removed, and the underlying claims were not decided by this order.
What happened
In Ametepe v. Peak Time Parking, Corp., the plaintiffs asked the court to remove from the docket a settlement offer that the defendants had filed under Rule 68 without serving it on the plaintiffs. The plaintiffs said they had not accepted the offer.
The plaintiffs argued that Rule 68 permits filing an offer only after the opposing party accepts it and the required documents are filed. They asked the court to strike docket entry 109.
Judge Paul A. Engelmayer granted the request and directed the clerk to strike docket entry 109. He also encouraged the lawyers to continue promptly discussing a resolution of the case.
The detailed version
- Ametepe v. Peak Time Parking, Corp. · No. 1:18-cv-05384
- Stewart Aaron
- May 17, 2021
Background
The plaintiffs in this wage-and-hour case asked the court to strike docket entry 109, which contained the defendants’ offer of judgment under Federal Rule of Civil Procedure 68. The plaintiffs stated that the defendants had not served the offer on them and that they had not accepted it.
Parties’ Position
The plaintiffs argued that Rule 68(a) allows a party to file an offer of judgment, together with a notice of acceptance and proof of service, only after the offer has been accepted. Relying on decisions cited in their letter, they argued that an unaccepted offer filed with the court in violation of Rule 68(a) should be removed from the docket.
Ruling
The court granted the plaintiffs’ request. Judge Paul A. Engelmayer directed the clerk to strike the document filed at docket 109. The court also encouraged counsel to continue promptly discussing a resolution of the case. The order did not decide the underlying wage-and-hour claims.
Classification
This is a procedural order because it concerns the handling of an unaccepted offer of judgment filed on the docket, rather than the merits of the parties’ underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.