ALI v. PORTFOLIO RECOVERY ASSOCIATES, LLC

Case Nos. 15-cv-06178, 15-cv-11582, 16-cv-01581, 16-cv-03872

SYED A. ALI, Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC and BLITT & GAINES, P.C. and FREEDMAN ANSELMO LINDBERG, LLC n/k/a ANSELMO LINDBERG OLIVER, LLC, Defendants. YASMEEN ALI, as natural parent and best friend of SHA, a minor, Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, and SANJAY S. JUTLA, and KEVIN J. EGAN, Defendants. SYED A. ALI, Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, and KEVIN J. EGAN, Defendants. SYED A. ALI, Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

Editors Note
Applicable Law: 15 U.S.C. § 1692
Cause: 15 U.S.C. § 1692 Fair Debt Collection Act
Nature of Suit: 480 Consumer Credit
Source: PACER


Attorney(s) appearing for the Case

Syed A Ali, Plaintiff, represented by Bryan Paul Thompson , The Thompson Law Firm, P.C..

Syed A Ali, Plaintiff, represented by Robert W. Harrer , The Law Office of Robert W. Harrer, P.C., Thomas John Nitschke , Blaise & Nitschke, P.C. & Mario Kris Kasalo , The Law Office of M. Kris Kasalo, Ltd..

Portfolio Recovery Associates, LLC, Defendant, represented by Avanti Bakane , Gordon Rees Scully Mansukhani LLP & Philip Timothy Barrett , Gordon & Rees Llp.

Blitt & Gaines, P.C., Defendant, represented by Michael L. Starzec , Blitt and Gaines, P.C., Avanti Bakane , Gordon Rees Scully Mansukhani LLP & Philip Timothy Barrett , Gordon & Rees Llp.

Freedman Anselmo Lindberg, LLC, Defendant, represented by David M. Schultz , Hinshaw & Culbertson LLP, Jonathon D. Drews , Hinshaw & Culbertson LLP, Justin M. Penn , Hinshaw & Culbertson & Raven Burke Mackey , Hinshaw & Culbertson LLP.

Sanjay S. Jutla, Defendant, represented by Avanti Bakane , Gordon Rees Scully Mansukhani LLP.

Kevin J Egan, Defendant, represented by Avanti Bakane , Gordon Rees Scully Mansukhani LLP.


PLAINTIFF'S MOTION TO ENTER JUDGMENT PURSUANT TO DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC'S RULE 68 OFFER OF JUDGMENT

SHARON JOHNSON COLEMAN, Magistrate Judge.

NOW COMES Plaintiff Syed A. Ali, by his attorneys The Law Office of M. Kris Kasalo, Ltd. and The Law Office of Robert W. Harrer, P.C., and for his Motion to Enter Judgment Pursuant to Defendant PRA's Rule 68 Offer of Judgment states as follows:

1. On November 18, 2016, Plaintiffs filed their first amended consolidated complaint ("operative complaint"). (Dkt. #127).

2. On November 30, 2016, Defendant Portfolio Recovery Associates, LLC ("PRA") served its Rule 68 Offer of Judgment on Plaintiff via USPS regular mail and email. Defendant's Offer of Judgement stated that judgment shall be entered in the amount of $1500 for Plaintiff's damages as to Count IX of Plaintiff's Complaint. Defendant's Offer of Judgment further stated that judgment shall be entered against Defendant for reasonable fees and costs incurred in prosecuting Count IX of Plaintiff's Complaint. (Exhibit 1, see Exhibit A to Plaintiff's e-filed Acceptance of Defendant's Rule 68 Offer of Judgment).

3. On December 14, 2016, Plaintiff timely accepted Defendant's Rule 68 Offer of Judgment with respect to Count IX of the operative complaint.

4. On December 22, 2016, Plaintiff's counsel served, via e-mail and USPS regular mail, a copy of Plaintiff's e-filed Notice of Acceptance of Defendant's Rule 68 Offer of Judgment and certificate of service.

5. On January 20, 2017, Plaintiff filed his acceptance of Defendant's Offer of Judgment. (Exhibit 1, Plaintiff's e-filed Acceptance of Defendant's Rule 68 Offer of Judgment) (Dkt. #141).

6. Fed. R. Civ. P. Rule 68(a) states:

(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.

7. Therefore, upon filing the acceptance of the offer and notice of acceptance plus proof of service, judgment is to be entered.

8. Plaintiff has filed his acceptance of the offer, notice of the acceptance and proof of service.

9. Based on the foregoing, pursuant to Defendant's accepted Rule 68 Offer of Judgment, Plaintiff requests that this Honorable Court enter judgment in favor of Plaintiff as to Count IX of the operative complaint, in the amount of $1500 for Plaintiff's damages plus reasonable attorneys' fees and costs.

WHEREFORE, based on the foregoing, Plaintiff, Syed A. Ali, through his counsel, The Law Office of M. Kris Kasalo, Ltd. and The Law Office of Robert W. Harrer, Ltd. respectfully requests that this court enter judgment in favor of Plaintiff in the amount of $1500 for Plaintiff's damages plus reasonable attorney's fees and costs pursuant to Defendant's accepted Rule 68 Offer of Judgment as to Count IX of the operative complaint.

EXHIBIT 1

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SYED A. ALI, PLAINTIFF, Case no.: 15-cv-06178 v. PORTFOLIO RECOVERY ASSOCIATES, LLC Judge Sharon Johnson Coleman ASSOCIATES, LLC and BLITT & GAINES, P.C. Magistrate Judge Daniel G. Martin and FREEDMAN ANSELMO LINDBERG, LLC n/k/a ANSELMO LINDBERG OLIVER, LLC DEFENDANTS. YASMEEN ALI, as natural parent and best friend of SHA, a minor, PLAINTIFF, Case no.: 15-cv-11582 v. PORTFOLIO RECOVERY ASSOCIATES, LLC, and SANJAY S. JUTLA, and KEVIN J. EGAN, DEFENDANTS. SYED A. ALI, PLAINTIFF, Case no.: 16-cv-01581 v. PORTFOLIO RECOVERY ASSOCIATES, LLC, and KEVIN J. EGAN, DEFENDANTS. SYEDA.ALI, PLAINTIFF, Case no.: 16-cv-03872 v. PORTFOLIO RECOVERY ASSOCIATES, LLC, DEFENDANT.

NOTICE OF ACCEPTANCE OF DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC'S RULE 68 OFFER OF JUDGMENT AS TO COUNT IX OF PLAINTIFF'S FIRST AMENDED CONSOLIDATED COMPLAINT UNDER CASE #15-cv-6178

Plaintiff Syed A. Ali hereby accepts Defendant Portfolio Recovery Associates, LLC's Rule 68 Offer of Judgment served on Plaintiff on November 30, 2016 via USPS regular mail and email in the amount of $1,500.00 for Plaintiff's damages, plus reasonable attorneys' fees and costs arising from Plaintiff's claims against Defendant Portfolio Recovery Associates, LLC in, and only in, Count IX of Plaintiff's First Amended Consolidated Complaint filed on November 18, 2016, the operative complaint at the time Defendant's Rule 68 Offer of Judgment was served. Said Offer of Judgment is attached hereto as Exhibit A.

Plaintiff had timely accepted Defendant's R. 68 Offer of Judgment on December 14, 2016, under case #16-cv-3872, the case associated with Count IX of the operative complaint, and served notice to Defendant on December 22, 2016. On January 6, 2017, this Court struck Plaintiff's Motion for Entry of Judgment in case #16-cv-3872 (Case 16-cv-3872, Dkt. #29). On January 6, 2017, this court also consolidated all related case numbers under 15-cv-6178 and stated "All matters related to this case are to be brought before the Court under case number 15-cv-06178". (Dkt. #139).

Plaintiff hereby requests the Court to enter an Order of Judgment as to Count IX of Plaintiff's First Amended Consolidated Complaint for said amount in accordance with the provisions of Federal Rule of Civil Procedure 68.

Respectfully submitted, By/s/ Robert W. Harrer The Law Office of Robert W. Harrer, P.C. 111 West Washington Street, Suite 1360 Chicago, IL 60602 Tel. 312-600-8466 | Fax 312-610-5646 rob.harrer@harrerlaw.com ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE

I hereby certify that on January 20, 2017, I served the foregoing NOTICE OF ACCEPTANCE OF DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC'S RULE 68 OFFER OF JUDGMENT AS TO COUNT IX OF PLAINTIFF'S FIRST AMENDED CONSOLIDATED COMPLAINT UNDER CASE #15-cv-6178 and the instant Certificate of Service via electronic filing/ECF on each counsel of record for Defendant who has appeared.

By/s/ Robert W. Harrer

EXHIBIT A

WWWIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SYED A. ALI, Case No. 1:15-cv-06178 Plaintiff, Judge: Sharon Johnson Coleman v. Magistrate Judge: Daniel G. Martin PORTFOLIO RECOVERY ASSOCIATES, LLC and BLITT & GAINES, P.C., and FREEDMAN ANSELMO LINDBERG, LLC n/k/a ANSELMO LINDBERG OLIVER, LLC, Defendants. YASMEEN ALI, as natural parent and best friend of SHA, a minor, Case No. 1:15-cv-11582 Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, and SANJAY S. JUTLA, and KEVIN J. EGAN, Defendants. SYED A. ALI, Case No. 1:16-cv-03872 Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, and KEVIN J. EGAN, Defendants. SYED A. ALI, Case No. 1:16-cv-01581 Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant.

DEFENDANT PORTFOLIO RECOVERY ASSOCIATES, LLC'S RULE 68 OFFER OF JUDGMENT

Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendant, PORTFOLIO RECOVERY ASSOCIATES, LLC ("Defendant"), by and through their attorneys, Avanti D. Bakane and Philip T. Barrett of Gordon Rees Scully Mansukhani, LLP, hereby offers to allow judgment to be entered against it in this action, and state as follows:

1. Judgment shall be entered against Defendant in the amount of $1,500.00 as to Plaintiff arising from Plaintiffs' claims against Defendant as alleged in Count IX of Plaintiffs' Complaint.

2. Judgment shall also be entered against Defendant for reasonable fees and costs incurred by Plaintiffs in prosecuting in Count IX of Plaintiffs' Complaint only in the above-captioned matter, pursuant to 15 U.S.C. 1692k(a)(3), as agreed to by the parties, and, in the event no agreement can be reached, to be determined by the Court.

3. This offer of judgment is inclusive of all damages, fees, and costs as to Plaintiffs' claims alleged in Count IX of Plaintiffs' Complaint only.

Dated: November 30, 2016 Respectfully submitted, PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant Avanti D. Bakane, 6299022 Philip T. Barrett, 6317319 Gordon Rees Scully Mansukhani, LLP By: /s/Avanti D. Bakane One North Franklin, Suite 800 Avanti D. Bakane Chicago, IL 60606 Ph: 312-619-4922 Fax: 312-565-6511 abakane@gordonrees.com pbarrett@gordonrees.com

CERTIFICATE OF SERVICE

I hereby certify that on November 30, 2016, I served, the foregoing Defendants Defendant Portfolio Recovery Associates, LLC's Rule 68 Offer of Judgment by via electronic and U.S. Mail, proper postage pre-paid, to all parties of record, from One North Franklin, Suite 800, Chicago, IL 60606.

Robert W. Harrer Mario Kris Kasalo rob.harrer@harrerlaw.com mario.kasalo@kasalolaw.com The Law Office of Robert W. Harrer, P.C. The Law Office of M. Kris Kasalo, Ltd. 111 W. Washington St., 20 North Clark Street Suite 1360 Suite 3100 Chicago, IL 60602 Chicago, IL 60602 Thomas John Nitschke Michael L. Starzec tjohnnitschke@gmail.com mike@blittandgaines.com Blaise & Nitschke, P.C. Blitt and Gaines, P.C. 20 N. Clark St. 661 Glenn Avenue Suite 3100 Wheeling, IL 60090 Chicago, IL 60602 David M. Schultz dschultz@hinshawlaw.com Jonathon D. Drews jdrews@hinshawlaw.com Justin M Penn jpenn@hinshawlaw.com Hinshaw & Culbertson LLP 222 N. Lasalle St. Ste. 300 Chicago, IL 6060 By: /s/Avanti Bakane Avanti Bakane

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