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11th Cir 2007 Amendment 2d Cir 2d Circuit 9th Cir 9th Circuit acceptance Acres of Land adverse party affidavits Amendment to Rule amount appeal applied attorney attorney's fees bond Chesny citing Moore's Civil Rules claim class certification commission Committee Note compensation complaint condemnation proceedings constitutional contempt Corp cost-shifting costs damages defendant's Delta Air Lines denied deposit determine district court eminent domain enforce enjoin equity favorable federal court Federal Rules fee award filing final judgment former Rule 71A grant injunctive hearing injunctive order injunctive relief irreparable harm irreparable injury issue jurisdiction jury trial liability likelihood of success litigation merits moot movant named plaintiff nonparty notice obtain offer of judgment offeree offeror personal jurisdiction post-offer pre-offer preliminary injunction reasonable receiver's receivership rejected remedy request Rule 68 offer served settlement specific statutory Subdivision Supp temporary restraining order Text United violation