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CASE 0:13-cv-00097-SRN-FLN Document 15-1 Filed 04/08/13 Page 1 of 3

UNITED STATES DISTRICT COURT


DISTRICT OF MINNESOTA
______________________________________________________________________________
Senja Nicolai,

Court File No. 13-cv-00097 (SRN/FLN)


Plaintiff,

v.
NCO Financial Systems, Inc., Angela
Boyd, Jane Doe, Leeann Christian, and
Octavia Willingham,

NCO FINANCIAL SYSTEMS, INC.S


RULE 68 OFFER OF JUDGMENT

Defendants.
_____________________________________________________________________________
TO: PLAINTIFF ABOVE-NAMED and her Attorneys, Christopher S. Wheaton, Esq.,
Barry Slade, Wheaton & Hellwig, LLC, 2701 University Avenue SE, Suite 209, Minneapolis,
MN 55414, and Randall P. Ryder, Esq., The Ryder Law Firm, LLC, 2701 University Avenue
SE, Suite 209, Minneapolis, MN 55414:
Pursuant to Rule 68 of the Federal Rules of Civil Procedure, NCO Financial Systems,
Inc. (NCO), Defendant in the above-captioned civil action, hereby offers to allow judgment to
be taken against it in favor of Plaintiff, as follows:
1)

Judgment shall be entered against Defendant NCO in the amount of One Thousand and
No/100 Dollars ($1,000.00) as statutory damages.

2)

In addition, Plaintiff has alleged that she has suffered actual damages. Accordingly,
judgment shall further be entered against Defendant NCO in the amount of Five Hundred
and No/100 Dollars ($500.00) as actual damages.

3)

In addition, Plaintiffs reasonable costs and reasonable attorneys fees accrued in


connection with the above-captioned civil action as against Defendant NCO as of the date
of service of this Offer of Judgment, as set forth in the Certificate of Service below, are to
be added to the amount of the Judgment as against Defendant NCO, said fees and costs as

CASE 0:13-cv-00097-SRN-FLN Document 15-1 Filed 04/08/13 Page 2 of 3

are agreed to between counsel for the parties, or, if they are unable to agree, as
determined by the Court upon motion by Plaintiff, in which case Plaintiffs additional
reasonable fees and costs incurred in presenting such motion will also be added to the
amount of the Judgment..
4)

The Judgment entered in accordance with this Offer of Judgment is to be in total


settlement of any and all claims by Plaintiff against Defendant NCO, and said Judgment
shall have no effect whatsoever, except in settlement of those claims.

5)

This Offer of Judgment is made solely for the purposes specified in Rule 68 of the
Federal Rules of Civil Procedure and is not to be construed as an admission either that
Defendant NCO is liable in this action or that Plaintiff has suffered any damage, and
Defendant NCO hereby denies all liability.
In accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff within

fourteen (14) days after service of the Offer, as set forth in the certificate of service below, the
Offer shall be deemed withdrawn, and any evidence of this Offer will be inadmissible, except in
any proceeding to recover costs.
Further in accordance with Rule 68, if this Offer of Judgment is not accepted by Plaintiff,
and if the judgment finally obtained by Plaintiff is not more favorable than this Offer, Plaintiff
must pay her costs incurred after the making of this Offer and the costs of Defendant NCO as
well, pursuant to OBrien v. City of Greers Ferry, 873 F.2d 1115, 1120 (8th Cir. 1989).

CASE 0:13-cv-00097-SRN-FLN Document 15-1 Filed 04/08/13 Page 3 of 3

Erstad & Riemer, P.A.


Dated: March 26, 2013.

s/ Thomas H. Schaefer
Thomas H. Schaefer (#231587)
Erstad & Riemer, P.A.
200 Riverview Office Tower
8009 34th Avenue South
Minneapolis, MN 55425
Telephone: (952) 837-3250
Facsimile: (952) 896-3717
E-mail: tschaefer@erstad.com
and
SESSIONS, FISHMAN, NATHAN & ISRAEL, LLC

Dated: March 26, 2013.

By: s/ Louis Leonard Galvis


Louis Leonard Galvis
(Colorado Bar No. 32885)
(Pro Hac Vice)
645 Stonington Lane
Fort Collins, CO 80525
Telephone: (970) 223-4420
Facsimile: (970) 223-4490
E-mail: lgalvis@sessions-law.biz
Attorneys for Defendant,
NCO Financial Systems, Inc.