Independent Electric Supply, Inc. v. Stronghold Engineering, Inc.

MEMORANDUM

Defendant-appellant Stronghold Engineering, Inc. appeals the district court’s award of attorney’s fees to plaintiff-appel-lee Independent Electric Supply, Inc. (“IES”), following IES’s acceptance of a Federal Rule of Civil Procedure 68 offer of judgment. The offer allowed entry of judgment against Stronghold in the amount of “$50,000 plus all court costs and reasonable attorney fees (as determined by the Court).... ” Upon IES’s acceptance, the district court entered judgment in accordance with Stronghold’s offer of judgment. IES then moved the district court to set reasonable attorney’s fees. Stronghold thereafter objected to IES’s motion for attorney’s fees, contending that IES was not entitled to attorney’s fees for six of its seven claims as a matter of law. The district court ultimately awarded IES the entire amount it sought in fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review de novo issues involving the interpretation of Rule 68 offers of judgment. See Erdman v. Cochise Cnty., Ariz., 926 F.2d 877, 879 (9th Cir.1991). We affirm the district court’s award.

We conclude that Stronghold’s offer of judgment was unambiguous and plainly allowed…