McCoy v. State Farm Fire Casualty Company

Full title: MICHAEL McCOY PLAINTIFF v. STATE FARM FIRE AND CASUALTY COMPANY DEFENDANT

Court: United States District Court, S.D. Mississippi, Southern Division

Date published: May 10, 2007

CIVIL ACTION NO. 1:06cv4-LTS-RHW (S.D. Miss. May. 10, 2007)

Opinion

CIVIL ACTION NO. 1:06cv4-LTS-RHW.

May 10, 2007

ORDER

L.T. SENTER JR., Senior District Judge

Defendant, by and through counsel, filed in this Court an [59] Offer of Judgment. The text of the offer says that it is filed "pursuant to Rule 68 of the Federal Rules of Civil Procedure." However, Fed.R.Civ.P. 68 makes it clear that the offer is filed only if accepted. Unfortunately, this is not the first time that the law firm representing Defendant has erroneously filed an unaccepted offer of judgment ( see Broussard v. State Farm, Civil Action No. 1:06cv6; and Tejedor v. State Farm, Civil Action No. 1:05cv 679), and both times the Clerk's office advised defense counsel's office that an offer of judgment without an acceptance should not be filed.

Accordingly, IT IS ORDERED:

Defendant's [59] Offer of Judgment is hereby STRICKEN from the record, and the Clerk's office is hereby authorized to remove said document from the docket.

In the event the law firm representing the Defendant files in any cause of action pending in this Court another Offer of Judgment contrary to the provisions of Fed.R.Civ.P. 68, sanctions shall be imposed on the offending counsel.

SO ORDERED.