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Rule 68 Offers

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In Geismann, M.D., v. ZocDoc, Inc., 14 Civ. 7009 (LLS), 2017 WL 3263140 (S.D.N.Y. July 28, 2017), Judge Stanton filled the gap left by Campbell-Ewald, and allowed a TCPA defendant to tender to the Court all sums for which it could possibly be liable and then move for summary judgment on an Article III basis. I agree with those cases… Read More

In Slovin v. Sunrun, Inc., 2017 WL 2902902, at *4 (N.D.Cal., 2017), Judge Rogers declared a Rule 68 offer to TCPA class representatives invalid because to let it stand until the end of the litigation created a conflict between the class representative and the putative class. The Court finds that the individual plaintiffs could not accept the Offer without jeopardizing their… Read More

In Mey v. North American Bancard, 2016 WL 3613395, at *3-4 (C.A.6 (Mich.), 2016), the Court of Appeals for the Sixth Circuit held that payment of actual cash did not moot a TCPA class action under Campbell-Ewald. In an effort to tee up that question, NAB responded to Campbell-Ewald by mailing Mey's attorney a cashier's check for $4,500, apparently for three calls… Read More

 In Fauley v. Royal Canin U.S.A., Inc., 2016 WL 2766286, at *1-2 (N.D.Ill., 2016), Judge Bucklo vacated Plaintiffs' "placeholder" class cert. motion, and denied the Defendant's motion to lift a stay in a TCPA case so that Defendant could tender to the Plaintiff. In a motion styled “to modify stay,” defendants profess their intent to “exercise the option left open by the… Read More

There's something about all these chiropractors suing under the TCPA  Anyway, In South Orange Chiropractic Center, LLC v. Cayan, LLC d/b/a/ Capital Bankcard, 2016 WL 1441791, at *4-5 (D.Mass., 2016), Judge Saris The parties do not dispute that Defendant has offered to fully provide all requested relief for Plaintiff's individual claims under the TCPA. . . .Defendant has already fallen on… Read More

In Chen v. Allstate Ins. Co., 2016 WL 1425869, at *1-2 (9th Cir. 2016), the Court of Appeals for the Ninth Circuit said that it was not enough post-Campbell-Ewald to merely deposit sums with the Court in order to try to moot a TCPA class action. Florencio Pacleb filed a class action complaint against Allstate Insurance Company, alleging he received unsolicited… Read More

In Brady v. Basic Research, L.L.C., 2016 WL 462916, at *2 (E.D.N.Y., 2016), Judge Feuerstein denied a TCPA Defendant's efforts to tender around Campbell-Ewald.   As Defendants' seek Rule 67(a) permission to deposit funds into court to moot this case arid not to relieve themselves of the burden of administering an asset, and given the Supreme Court's directive that “a would-be… Read More

In Campbell-Ewald Co. v. Gomez, 2016 WL 228345, at *1 (U.S.,2016), the SCOTUS held that: An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, so the District Court retained jurisdiction to adjudicate Gomez's complaint.Article III's “cases” and “controversies” limitation requires that “an actual controversy ... be extant at all stages of review, not merely at the… Read More

In St. Louis Heart Center, Inc. v. Athenahealth, Inc., 2015 WL 6777873, at *4-5 (E.D.Mo., 2015), Judge Fleissig stayed a TCPA case after the Plaintiff rejected a Rule 68 offer of judgment based on the Supreme Court's decision in Campbell-Ewald.  After carefully considering the parties' briefs and supplemental authority, and weighing all of the competing interests in this case, the Court… Read More

In Connector Castings, Inc. v. Joseph T. Ryerson & Son, Inc., 2015 WL 6431704, at *2-3 (E.D.Mo., 2015), Judge Limbaugh allowed a TCPA class action past the pleadings stage.  He rejected the Defendant's argument that a Rule 68 offer mooted the class. Plaintiff contends that the offer of judgment was invalid insomuch as plaintiff had on file a motion to… Read More

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