Carlos A. Mollura v. Curtis G. Miller, Craig S. Miller, and American National Watermattress Corp., a California Corporation

Appellees moved for leave to file a bill of costs out of time. We find that appellees have failed to show good cause for the late filing and accordingly we deny the motion.

Judgment was entered in this case on December 6, 1979. Mollura v. Miller, 609 F.2d 381 (9th Cir. 1979). Appellees received notice of the judgment on December 8, 1979. On January 18, 1980, appellees filed this motion to file a cost bill out of time and tendered with the motion a bill claiming $951.46 as the cost for printing copies of their brief. Appellant filed a timely objection, urging us to deny the motion because he contends that appellees had failed to show good cause for the untimely filing.

Appellate Rule 39(a) provides that “if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered.” Our disposition of the appeal affirmed the district court’s judgment and thus appellees became entitled to an award, of costs as a matter of course, unless we direct otherwise. Appellate Rule 39(d) states: “A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs which he shall file with the clerk, with proof of service, within 14 days…