Plaintiff brought this 42 U.S.C. § 1983 action against the defendants. Defendants moved for summary judgement and thereafter, the defendant county made a $50,000 plus costs and fees Rule 68 offer of judgment.  Before the 14 day window on the offer of judgment had run the Montana District Court granted defendants' summary judgment motion.  The court however did not enter a final judgment stating such a judgment would be entered “in due course” after a “reasoned opinion” is issued. Six minutes later the county attempted to withdraw the offer of judgment. Within an hour of the order granting summary judgment, the plaintiff accepted the county's offer of judgment.  The district court entered judgment for the plaintiff in the amount of $50,000 plus costs and attorneys' fees.  The United States Court of Appeals for the Ninth Circuit affirmed.