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This section contains the nature of the case and procedural background.

The United States (P) filed suit against Hendricks (D) for alleged violations of the Fair Housing Act, 42 U.S.C. 3604. A trial date was set for April 12, 1993. On March 15, D mailed a Rule 68 offer of judgment to P with a proposal to settle the case for $2,900. P then contacted D by phone on March 31 and asked if they were willing to pay $4,000. D refused that offer. The following day April 1, P served D notice of acceptance of the $2,900 offer of judgment. Later that day P filed a notice of acceptance with the Clerk of the Court. D filed a motion before the court to invalidate P’s acceptance in that the time for acceptance had expired and P had already rejected the $2,900 offer.

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