Tansey v. Transcontinental & Western Air, Inc.

LAWS, Chief Judge.

Plaintiffs motion to strike defendant’s pleading purporting to be an offer of judgment or, in the alternative, to suspend application of Rule 68 of the Federal Rules of Civil Procedure, 28 U.S.C.A. insofar as future costs is concerned, will be granted. Under Rule 68 the pleading filed as an offer of judgment is not a part of the record and having been filed as such in this case, it must be stricken. Nabors v. Texas Co., D.C.W.D.La., 32 F.Supp. 91. As to future costs, defendant’s offer of judgment does not specify a definite sum to be entered as judgment which plaintiff can…