UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA
WAVERLY C. YOlG,
COURT FILE NO.: 07-cv-4808 MJD/AJB
Plaintif,
v.
DIVERSIFIED CONSULT ANTS INC.,
Defndants.
RULE 68 OFFER OF JUDGMENT OF DIVERSIFIED CONSULTANTS INC.
Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendant
Diversifed Consultants Inc. ("Defendant"), by and though its undersigned attoreys,
hereby submits this Ofer of Judgment ("Offer"), which ofers to allow judgment to be
taken against it and in fvor of Plaintif Waverly C. Young ("Plaintif), as fllows:
1. Judgment shall be entered against Defndant in the amount of One
Thousand Five Hundred Dollars and 00/100 ($1,500.00) arising fom Plaintiffs claims
against Defndant as alleged in Plaintiffs Amended Complaint in the herein mater.
2. The judgment entered shall include an additional amount fr Plaintiffs
reasonable attorey fes and costs incurred by Plaintif in conection with the claims
alleged in the herein matter. Said amount fr attorey fees and costs shall be agreed by
counsel for the parties, or determined by the Cour upon application by Plaintiffs
counsel subject to objection and response by Defendant's counsel, if counsel are unable
to reach an agreement. Plaintiffs reasonable attorey fes and costs shall be limited to
1093438vl
time and amounts expended on Plaintiffs claims m this matter through th_ e date of
Plaintiff's counsel's receipt of service of this Ofer.
3. The judgment entered in accordance with this Ofer is to be in total
settlement of any and all claims by Plaintiff and/or potential claims that could have been
brought by Plaintif in this matter.
4. Notwithstanding the fregoing Ofer, Defendant denies any wrongdoing or
violation of state or federal laws, but admits liability fr the sole purposes of settlement
and resolution of Plaintiffs claims sought in the above-captioned matter as described
more flly herein. If Defndant's Ofer is accepted, Plaintiff agrees to dis miss and
release all claims he has or could have brought in this action, which arise fom the
transaction and fr the base of Plaintiffs claims, including the facts set frth in
Plaintiffs Complaint and/or Amended Complaint in this matter, including any claims fr
costs, attorney fees, statutory penalties, damages and interest.
5. If Plaintiff rejects this ofer, pursuant to Rule 68, Defndant may seek to
recover any additional costs and disbursements incurred in the defnse of Plaintiffs
claims, then accrued at the conclusion of this case, if applicable. Also, Plaintif must pay
PlaintifPs own costs and attorey fes incurred afer making this Ofer, as well as the
costs of Defndant. See, O'Brien v. Cit of Greers Ferry, 873 F. 2d 1115, 1120 (8th Cir.
1989)<
i093438vl 2
Dated: February 5, 2008.
I093438vl
MOSS & BARETT
A Professional Association
B
y &
Mi elS. Poncin, # 296417
James R. Bedell,# 351544
4800 Wells Fargo Center
90 South Seventh Street
; 1 1T "AQ
2
41'9
Y1nneapo11s 1J ) - 1.
Telephone: (612) 877-5000
poncinm@moss-bamett.com
bedelli@moss-bamett.com
Attoreys fr
Consultants Inc.
3
Defndant Diversified
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
COURT FILE NO.: 07-cv-4808 MJD/AJ
Waverly C. Young,
Plaintif,
v.
Diversifed Consultants Inc.,
Defendant.
PLAINTIFF'S ACCEPTANCE OF
DEFENDANT DIVERSIFIED
CONSULTANTS INC.,
RULE 68 OFFER OF JUDGMENT
Plaintif hereby accepts Defendant Diversifed Consultants Inc's., Rule 68 Ofer of
Judgment fled and served herein in the above matter, and attached hereto as Exibit 1.
Dated this 15
t
day of February, 2008. LYONS LAW FIRM, P.A.
By: s/ Thomas J. Lyons, Sr.
Thomas J. Lyons, Esq.
Attorney I.D. #: 65699
367 Commerce Court
Vadnais Heights, M 55127
Telephone: (651) 770-9707
Facsimile: (651) 770-5830
CONSUMER JUSTICE CENTER, P.A.
Thomas J. Lyons, Jr., Esq.
Attorey I.D. #0249646
367 Commerce Court
Vadnais Heights, M 55127
Telephone: ( 651) 770-9707
Facsimile: (651) 704-0907
Attoreys for Plaintif