Siding with several other federal appeals courts around the country, the U.S. Court of Appeals for the Ninth Circuit has ruled that a Rule 68 settlement offer is not voided by the entry of a summary judgment order if the 14-day window is still open for a plaintiff to accept the offer.

Robert Kubiak was arrested in Montana by a Ravalli County sheriff’s deputy after he concluded that Kubiak had violated a temporary order of protection. After his arrest, Kubiak spent the night in the Ravalli County Detention Center, according to the Ninth Circuit’s May 3 opinion.