LaPierre v. City of Lawrence

BARRON, Circuit Judge.

Federal Rule of Civil Procedure 68 allows a party defending against a claim to make an offer of judgment that, if accepted within 14 days, must be enforced upon the filing of the offer, the acceptance, and proof of service.. Fed.R.Civ.P. 68. In so providing, the Rule describes the offer that may be made under the Rule as one “to allow judgment on specified terms, with the costs then accrued.” Id. The dispute in this case turns largely on that last phrase — “with the costs then ■ accrued”— and the significance that should be attributed to it.

The offeror here, the City of…