Smith v. Southeastern Pennsylvania Transportation Authority

MEMORANDUM

BARTLE, Chief Judge.

Before the court is the motion of defendant Southeastern Pennsylvania Transportation Authority (“SEPTA”) to vacate and strike a judgment entered by the Clerk of Court pursuant to Rule 68(a) of the Federal Rules of Civil Procedure.

Plaintiff Ingrid Smith sued SEPTA for violations of the Family Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§ 2601-2654. On April 2, 2009, SEPTA moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. On May 1, 2009, while the motion was pending, it made an offer of judgment to plaintiff in accordance with…