How has the construction of a Rule 68 offer been reviewed de novo?

Although issues involving construction of Rule 68 offers are reviewed de novo, disputed factual findings concerning the circumstances under which the offer was made are usually reviewed for clear error. ¹ Simon v. Intercontinental Transport B.V., 882 F.2d 1435, 1439 (9th Cir.1989). However, no deference need be accorded in the summary judgment setting where no evidentiary hearing was ever held on the settlement issue. ² Heiniger v. City of Phoenix, 625 F.2d 842, 843-44 (9th Cir.1980).