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Martinez v. Red's Towing

United States District Court, D. Colorado

March 23, 2015

LEONARD MARTINEZ, DOUG PATRICK, SAMANTHA PATRICK, DEVIN QUINTANA, SCOTT ROSENBAUM, STEVEN ROSENBAUM, JOSEPH VIALPANDO, MICHAEL WOLFE, DENNIS GREGORY, FRANCISCO MEDINA, and SCOTTIE LEE WRAY, Plaintiffs,
v.
RED'S TOWING, Defendant.

ORDER

KRISTEN L. MIX, Magistrate Judge.

This matter is before the Court on Defendant's Fed.R.Civ.P. 12(b)(1) Motion to Dismiss [#50][1] (the "Motion"). Plaintiffs Michael Wolfe ("Wolfe") and Leonard Martinez ("Martinez") filed a Response [#52] in opposition to the Motion, and Defendant filed a Reply [#56]. For the reasons set forth below, the Motion [#50] is DENIED.

I. Background

On November 2, 2014, Plaintiffs filed a Notice of Acceptance of Offer of Judgment [#32], stating that all Plaintiffs except Mr. Martinez and Mr. Wolfe accepted Defendant's Offer of Judgment [#32-1]. The Offer of Judgment states in relevant part:

Defendant, Red's Towing, by its undersigned attorney, pursuant to Fed.R.Civ.P. 68, respectfully submits the following offer of judgment:
1. The sum of $370.44 plus an equal amount as liquidated damages, for a total of $740.88 to Plaintiff Leonard Martinez.
...
8. The sum of $1, 409.46 plus an equal amount as liquidated damages, for a total of $2, 818.92 to Plaintiff Michael Wolfe.
...
13. Defendant agrees to pay all costs incurred by Plaintiffs up to and including the date of this offer.
14. Defendant agrees to pay all reasonable and necessary attorney fees, as determined by the Court, incurred by Plaintiffs up to and including the date of this offer.
15. Defendant believes this offer compensates Plaintiffs with the maximum amount they could recover under the law. Defendant's offer is in exchange for the settlement of all Plaintiffs' claims against Defendant, and dismissal, with prejudice, of the above-captioned lawsuit. The offer shall be withdrawn if not accepted within 14 days of service.

Offer of Judgment [#32-1].[2] In the present Motion, "Defendant moves to dismiss the claims of Plaintiffs Martinez and Wolfe as moot because Defendant's Offer of Judgment presented Plaintiffs with the maximum recovery of overtime ...


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