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LEONELA RUBIO, Plaintiff, v. QUEST COMM, INC., and BEN B. BOULET, Defendants.

ROBIN S. ROSENBAUM

ORDER REQUIRING NOTICE ON ACCEPTANCE OF OFFER OF JUDGMENT

This matter is before the Court on Plaintiff's Notice of Acceptance of Offer of Judgment [D.E. 9]. On December 31, 2012, Plaintiff filed her Notice—dated December 28, 2012—accepting an offer of judgment made by Defendants. However, Defendants' offer, attached to Plaintiff's Notice as "Exhibit A," states that "[i]f this offer is not accepted in writing within ten (10) days after it is served, it shall be deemed withdrawn." D.E. 9-1 at 2-3. According to the certificate of service, Defendants' offer was served on December 14, 2012. Id. at 3. Thus, Plaintiff's acceptance occurred after Defendants' offer ostensibly expired.

Therefore, it is ORDERED and ADJUDGED that on or before January 9, 2012, Defendants shall file a notice with the Court indicating whether Plaintiff's acceptance of their offer is valid or not.

The Court further notes that Plaintiff must still file her statement of claim, regardless of whether the offer of judgment is accepted, as this Court must review settlements of Fair Labor Standards Act cases for fairness. See D.E. 8 (citing Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1352-53 (11th Cir. 1982)). If Defendants agree that Plaintiff's acceptance is valid, Plaintiff must file her statement of claim within two (2) days of Defendants' notice; if Plaintiff's acceptance is not valid, Plaintiff's claim is due January 10, 2013, as previously ordered. See D.E. 7, ¶ 1(a).

DONE and ORDERED at Fort Lauderdale, Florida, this 2nd day of January 2013.

_______________


ROBIN S. ROSENBAUM


UNITED STATES DISTRICT JUDGE
Copies:
The Honorable Barry S. Seltzer
Counsel of Record





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Rubio v. Quest Comm, Inc.
(Jan 2, 2013)