Walker
Walker v. California
Opinion
Lead Opinion
Clarke F. Walker et al. (collectively “Appellants”) appeal the district court’s taxation of costs against them in favor of appellee Richard Weibe. We have jurisdiction under 28 U.S.C. § 1291 . We AFFIRM because we find that Appellants have waived their right to demand judicial review of the cost award.
I.
Appellants are the plaintiffs in a civil action against the Department of Insurance of the State of California (“DOI”) and other defendants. Among these defendants was Weibe, who was sued both as an individual and in his official capacity as the DOI’s Director of Public Affairs.
On March 13, 1998, the district court entered judgment in favor of Weibe insofar as he was being sued in his individual capacity. Ten days later, Weibe filed a bill of costs with the district court clerk, claiming $33,968.96 in costs against Appellants. On July 22,1998, pursuant to Rule 54(d) of the Federal Rules of Civil Procedure, the court clerk approved the bill of costs, awarding $33,968.96 in costs to Weibe. Appellants did not object to the award in district court, nor did they otherwise seek judicial review of the award until they filed this appeal on August 21,1998.