Felders v. Bairett, 885 F.3d 646, 650 (10th Cir. March 9, 2018).

Mar 9, 2018

Before the defendant was served with a summons and complaint in this § 1983 case arising from a traffic stop, he offered to settle the case by paying the driver $20,000 and the passengers $2,500 each.  The defendant titled his offer “Defendant’s Rule 68 Offer of Judgment.” At trial, the jury awarded $15,000 to the driver and $1 each to the passengers.  The Tenth Circuit nevertheless affirmed an award of costs, concluding Rule 68 requires that a defendant be made a party to the litigation, by service of a summons and the complaint, or waiver of service, before that defendant can make a valid Rule 68 offer of judgment.