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Judge Motley

PLAINTIFF CHARGED his employers with constructive discharge, violations for breach of contract, failure to pay wages pursuant to New York Labor Law, intentional interference with contractual relations, and unjust enrichment. A jury had returned a verdict in favor of defendants on plaintiff’s claims and defendants subsequently moved for an award of taxable costs, including attorney’s fees. Defendants argued that because plaintiff refused their offer of judgment for $50,000 and thereafter recovered a judgment of a lesser amount, they are entitled to all litigation-related costs incurred after the date of the offer. The instant court found that defendants, as the “prevailing party,” are entitled to allowable costs under Rule 54(d)(1) of the Federal Rules of Civil Procedure. The court, however, determined that defendants are not entitled to costs under Rule 68, noting that plaintiff did not obtain a judgment on the claims set forth in his complaint.

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