District Judge Louis L. Stanton


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After federal removal of its suit claiming ZocDoc Inc.’s (ZDI) violated the Telephone Consumer Protection Act, plaintiff medical practice rejected ZDI’s $6,000 Rule 68 offer of judgment. After action’s 2014 transfer to the instant district, the court granted ZDI dismissal on grounds its Rule 68 offer satisfied plaintiff’s claims. While plaintiff’s appeal was pending, Supreme Court decided Campbell-Ewald Co. v. Gomez, wherein the majority—adopting a dissenting opinion in Genesis Healthcare Corp. v. Symczyk—held that an unaccepted Rule 68 offer did not moot a lawsuit. In March 2017, Second Circuit reversed, and remanded, the court’s Sept. 1, 2014, order. District Court granted ZDI’s 2016 motion to deposit $6,100 in satisfaction of its settlement offer. It granted ZDI’s motion to deposit another $13,900 to be held with the $6,100 to secure a $20,000 judgment in plaintiff’s favor. It agreed with caselaw finding that a defendant’s full tender, satisfying a plaintiff’s claim, rendered an action moot. The additional $13,900 ZDI sought to deposit brought the total amount in excess of any plaintiff could recover under statute. When ZDI deposited the additional $13,900 it could make a cognizable, good-faith argument that the parties’ action should be terminated.