In Doyle v. Midland Credit Management, Inc., — F.3d —-, 2013 WL 3242148 (2d Cir. 2013), the Second Circuit Court of Appeals found that no formal Rule 68 offer was required to moot a Plaintiff’s FDCPA case when the Defendant made an offer that would have fully satisfied the Plaintiff’s damages.
Doyle contends that the district court erred in dismissing his case for lack of subject matter jurisdiction because neither of the offers made by Midland could provide the basis for such a dismissal. We focus our discussion on the oral offer for $1,011 that Midland extended during the motion hearing before the district court; this offer, unlike the previous offer for ten dollars less, was for the full amount of relief sought by Doyle in this case. Doyle argues that the offer for $1,011 was faulty because “a Rule 68 offer may not be made orally.” Reply Brief at 2. However, an offer need not comply with Federal Rule of Civil Procedure 68 in order to render a case moot under Article III. Simmons v. United Mortg. & Loan Inv., LLC, 634 F.3d 754, 764 (4th Cir.2011) (“[T]he doctrine of mootness is … not constrained by the formalities of Rule 68.”); see also ABN Amro Verzekeringen BV v. Geologistics Ams., Inc., 485 F.3d 85, 92–93 (2d Cir.2007) (affirming Rule 12(b)(1) dismissal based on a tender of the maximum amount owed and not based on a formal Rule 68 Offer of Judgment). Consequently, we agree with the district court that Doyle’s refusal to settle the case in return for Midland’s offer of $1,011 (plus costs, disbursements, and attorney’s fees), notwithstanding Doyle’s acknowledgment that he could win no more, was sufficient ground to dismiss this case for lack of subject matter jurisdiction.