United States District Court, W.D. Kentucky, Paducah Division
MEMORANDUM OPINION AND ORDER
B. Russell, Senior Judge United States District Court
Global Education Holdings, LLC, along with several related
entities, filed suit against David Griffin in 2012, bringing
claims for copyright infringement, falsification of copyright
management information, and trademark counterfeiting.
Pursuant to Federal Rule of Civil Procedure 68, Griffin made
an offer of judgment, which McGraw-Hill ultimately accepted.
Now, McGraw-Hill moves to recover its costs and
attorney's fees. Having reviewed record, however, the
Court finds the offer of judgment to be invalid. There was no
offer, then, for McGraw-Hill to accept, and so the attendant
judgment is void too. Accordingly, the Judgment Nunc Pro
Tunc, [R. 289], is VACATED, and McGraw-Hill's Motion
for Costs and Attorney's Fees, [R. 292], is
DENIED AS MOOT
history of this litigation (and more than ten companion
cases) is long and complex, but a detailed factual recitation
is unnecessary to resolve this chapter of that saga. In
brief, McGraw-Hill Global Education Holdings, LLC, along with
several related entities, filed suit against David Griffin in
2012, bringing claims for, inter alia, copyright
infringement, falsification of copyright management
information, and trademark counterfeiting. [See R.
103 at 18-23, ¶¶ 63-94 (Third Amended Complaint).]
Four years later, Griffin made an offer of judgment to
McGraw-Hill, which (in full) reads:
to Rule 68 of the Federal Rules of Civil Procedure, the
defendant, David Griffin, offers to allow judgment to be
entered against him on the following terms:
Judgment will be entered in favor of all the plaintiffs as
McGraw-Hill Global Education Holdings, LLC $186, 001.00
Pearson Education, Inc. $100, 501.00
Cengage Learning, Inc. $65, 251.00
John Wiley & Sons, Inc. $7.501.00
Total Judgment $359, 254.00
plus costs accrued through the date of this offer as may be
allowed by the Court based on the submission of costs
pursuant to Fed. R. Civ. Proc 54(d)(1).
2. Apart from a subsequent bill of costs, the judgment
entered hereon resolves all issues between the plaintiffs and
the defendant David Griffin and his counsel of record at the
time of this offer.
3. The judgment entered hereon is without prejudice to the
rights of the plaintiffs to recover damages, costs, fees,
expenses or monetary sanctions against any third parties,
including Mr. Griffin's ...