Gardner

MEMORANDUM

Appellants appeal the District Court’s award of costs to Appellee, which were incurred in the prior state court action. A complete discussion of the procedural history is set forth in our concurrently published opinion in Gardner v. Nike, 279 F.3d 774 (9th Cir.2002), in which we affirm the District Court’s grant of summary judgment.

Appellee incurred the costs at issue from June 1998 to April .1999, before removing the state court action. Upon remand to the state court for untimely removal, the state court dismissed the action without prejudice and ordered “[e]ach party [] to bear its own costs and expenses which relate to the dismissal of prejudice ordered herein.”

Subsequent to the Appellants’ filing of the present action in District Court and the District Court’s granting judgment in Appellee’s favor, Appellee filed an application seeking to recover costs incurred in the state court action. After Appellants objected, the Clerk denied Appellee’s application. Appellee then filed a motion to retax costs.

The District Court granted Appellee’s motion to retax costs and awarded Appellee the sum of $8,740.50 in costs against Appellants. In doing so, the District Court…