Opinion
C21-1312JLR
12-22-2021
RONALD MILTON, JR., Plaintiff, v. COAST PROFESSIONAL, INC., Defendant.
ORDER
JAMES L. ROBART, United States District Judge.
Before the court is Plaintiff Ronald Milton, Jr.'s acceptance of Defendant Coast Professional, Inc.'s (“Coast”) Federal Rule of Civil Procedure 68(a) offer of judgment. (Not. (Dkt. # 8).) Coast offered to allow judgment to be taken against it in the amount of $1,100.00 in damages, plus an additional amount for reasonable attorney's fees and costs incurred through the date of the offer, to be determined either by agreement of the parties or by the court if counsel cannot agree. (Offer (Dkt. # 8-1).) Mr. Milton timely accepted Coast's offer of judgment on December 7, 2021. (Acceptance (Dkt. # 8-2).) Mr. Milton now asks the court to enter judgment and to set a deadline of January 28, 2022, to file a motion for attorney's fees and costs in the event the parties are not able to reach an agreement on that amount. (Not. at 2.)
Rule 68(a) provides that if a party serves timely written notice accepting an offer of judgment, “either party may then file the offer and notice of acceptance, plus proof of service.” Fed.R.Civ.P. 68(a). If this process is followed, the Clerk “must enter judgment.” Id. Accordingly, the court DIRECTS the Clerk to enter judgment in Mr. Milton's favor in the amount of $1,100.00. (See Not.) Mr. Milton shall file his motion for attorney's fees and costs, if any, by no later than January 28, 2022.