Designer Skin, LLC v. S & L Vitamins, Inc.

Motion for Costs Pursuant to Fed. R. Civ. P. 68

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S&L moved for an order awarding its costs, including attorneys’ fees, pursuant to Fed. R. Civ. P. 68, which provides that “(d) If the judgment that the offeree finally

obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.” This motion was based on an offer of judgment initially transmitted by S&L on June 13, 2008 and reiterated upon its rejection on June 20, 2008, which would have given plaintiffs a “more favorable” judgment than the one obtained – and at immensely less cost to the parties and the public.

On April 9, 2009, over the objection of plaintiffs, the Court ordered S&L to file a bill of costs.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Post-Trial Motions | Federal, 9th Circuit, Arizona | United States