Opinion
20 cv 02872
06-28-2022
K.G. a Minor, by and through his Parents and Next Friends, CELESTE COLEMAN and ANTHONY GILBERT; and CELESTE COLEMAN, individually and ANTHONY GILBERT, individually, Plaintiff, v. THE UNITED STATES OF AMERICA, LAWNDALE CHRISTIAN HEALTH CENTER, an Illinois Corporation, LINDSAY McCRACKEN, PA-C, BLUE ISLAND HOSPITAL COMPANY d/b/a METROSOUTH MEDICAL CENTER, an Illinois Corporation, EMERGENCY PHYSICIANS OF BLUE ISLAND d/b/a MP OF BLUE ISLAND, LLC, an Ohio Limited Liability Company; MELISSA O'KEEFE, PA-C and MONICA A. BESZKA, M.D. Defendants.
HALL PRANGLE & SCHOONVELD, LLC One of the Attorneys for Defendant, BLUE ISLAND HOSPITAL COMPANY LLC d/b/a METROSOUTH MEDICAL CENTER Jennifer Ries-Buntain Ana C. Cazacu James A. Kearney
Honorable Manish S. Shah Judge
HALL PRANGLE & SCHOONVELD, LLC One of the Attorneys for Defendant, BLUE ISLAND HOSPITAL COMPANY LLC d/b/a METROSOUTH MEDICAL CENTER Jennifer Ries-Buntain Ana C. Cazacu James A. Kearney
DEFENDANT, METROSOUTH MEDICAL CENTER'S MOTION FOR ENTRY OF JUDGMENT PURSUANT TO RULE 68 OF THE FEDERAL RULES OF CIVIL PROCEDURE
Beth W. Jantz Magistrate Judge
NOW COMES the Defendant, BLUE ISLAND HOSPITAL COMPANY, LLC, d/b/a METROSOUTH MEDICAL CENTER (“MetroSouth”), by its attorneys, HALL PRANGLE & SCHOONVELD, LLC, and pursuant to Rule 68 of the Federal Rules of Civil Procedure, respectfully requests that this Honorable Court enter an Order entering judgment against it, and in favor of Plaintiffs, consistent with its May 13, 2022, Rule 68 Offer of Judgment to Plaintiffs, and further directing the clerk to enter the judgment consistent with the terms set forth in its May 13, 2022 Offer of Judgment. In support thereof, Defendant states as follows:
1. On May 13, 2022, MetroSouth tendered a Rule 68 Offer of Judgment to Plaintiffs, offering to allow judgment to be entered against it on specified terms. (See MetroSouth's May 13, 2022 Rule 68 Offer of Judgment attached hereto as Exhibit A).
2. Consistent with Rule 5 of the Federal Rules of Civil Procedure, MetroSouth served a copy of its May 13, 2022 Offer of Judgment on all parties in this litigation via electronic mail and U.S. mail on May 13, 2022. (See Copy of MetroSouth's May 13, 2022 electronic mail to all counsel of record enclosing MetroSouth's May 13, 2022 Rule 68 Offer of Judgment attached hereto as Exhibit B).
3. In accordance with Rule 68, MetroSouth's Rule 68 Offer of Judgment was tendered more than fourteen (14) days prior to the commencement of trial. (Fed. R. Civ. P. 68.).
4. On May 18, 2022, in accordance with Rule 68, Plaintiffs served written notice on all parties, accepting MetroSouth's May 13, 2022 Rule 68 Offer of Judgment. (See Plaintiffs May 18, 2022 acceptance of MetroSouth's May 13, 2022 Rule 68 Offer of Judgment attached hereto as Exhibit C).
5. Plaintiffs' May 18, 2022 written acceptance of MetroSouth's May 13, 2022 Rule
68 Offer of Judgment was served via electronic mail on all counsel of record. (See Copy of May 18, 2022 electronic mail from Plaintiffs' counsel enclosing Plaintiffs' acceptance of MetroSouth's Rule 68 Offer of Judgment attached hereto as Exhibit D).
6. Consistent with Rule 68, MetroSouth now brings this motion for purposes of filing its May 13, 2022 Offer of Judgment, Plaintiffs' acceptance of the Offer of Judgment, and corresponding proofs of service consistent with Rule 68, and for purposes of having this Court enter judgment consistent with MetroSouth's Offer of Judgment. (Fed. R. Civ. P. 68.; and Exhibit A-D .).
WHEREFORE, Defendant, BLUE ISLAND HOSPITAL COMPANY, LLC, d/b/a METROSOUTH MEDICAL CENTER respectfully requests that this Honorable Court enter the proposed Order of Judgment, incorporating the terms specified in its May 13, 2022 Rule 68 Offer of Judgment, and further directing the clerk to enter the judgment as required by Rule 68 of the Federal Rules of Civil Procedure.