Gay

MEMORANDUM OF OPINION AND ORDER

This is a motion to modify the denial of costs to defendants. The Court entered judgment in their favor after a bench trial of plaintiffs’ individual and class claims of race discrimination by defendants in hiring, promoting, and transferring black males into waiter positions. Defendants, St. Francis Hotel Corporation and Hilton Hotels Corporation, seek the award of costs they incurred after having made offers of judgment to plaintiffs under Rule 68 of the Federal Rules of Civil Procedure.

Background

The named plaintiffs brought this action on behalf of themselves and other black males allegedly adversely affected by defendants’ employment practices. Plaintiffs sought back pay and injunctive relief, basing their claims on 42 U.S.C. Section 1981 . The action was bifurcated for trial. Because the Court found for defendants after trial on the issue of liability, it was not necessary to reach questions of relief and the identification of class members. The Court ordered the parties to bear their own costs.

This motion raises a question not decided by any case that has come to the attention of the Court or the parties: whether an award of costs…