Opinion
Case No. 11-14030
11-21-2012
Hon. Gerald E. Rosen
ORDER STRIKING
OFFER OF JUDGMENT
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on ________
PRESENT: Honorable Gerald E. Rosen
Chief Judge, United States District Court
On November 7, 2012, Defendant filed on the docket an offer of judgment made pursuant to Federal Rule of Civil Procedure 68. Under the plain language of Rule 68, however, an offer of judgment is first to be "serve[d] on an opposing party," and then filed with the Court only if "the opposing party serves written notice accepting the offer." Fed. R. Civ. P. 68(a). Because there is no indication in the record that Plaintiff has accepted Defendant's offer, this offer of judgment should not have been filed with the Court, and must be stricken from the docket. Accordingly,
NOW, THEREFORE, IT IS HEREBY ORDERED that the offer of judgment filed by Defendant on November 7, 2012 [Dkt. # 62] is STRICKEN from the docket in this case.
Gerald E. Rosen
Chief Judge, United States District Court
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on November 21, 2012, by electronic and/or ordinary mail.
Julie Owens
Case Manager