United States Of America v. Hendrick

1993 U.S. Dist. LEXIS 8580 (N.D. Ill. 1993)

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Nature of the Case

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Facts

The United States (P) filed suit against Hendricks (D) for alleged violations of the Fair Housing Act, 42 U.S.C. 3604. A trial date was set for April 12, 1993. On March 15, D mailed a Rule 68 offer of judgment to P with a proposal to settle the case for $2,900. P then contacted D by phone on March 31 and asked if they were willing to pay $4,000. D refused that offer. The following day April 1, P served D notice of acceptance of the $2,900 offer of judgment. Later that day P filed a notice of acceptance with the Clerk of the Court. D filed a motion before the court to invalidate P’s acceptance in that the time for acceptance had expired and P had already rejected the $2,900 offer.