Waukeen McCoy v. Federal Express Corporation

MEMORANDUM

Waukeen McCoy appeals from the district court’s order granting Federal Express Corporation’s (“FedEx”) interpleader motions and assessing McCoy costs for certain proceedings before a special master. Although McCoy’s appeal was premature when filed, the district court order McCoy challenges has since been reduced to a final judgment. We therefore have jurisdiction over McCoy’s appeal under 28 U.S.C. § 1291 , see TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691 , 695 n. 1 (9th Cir.2001), and we affirm in part, reverse in part, and remand.

The district court did not abuse its discretion in granting FedEx’s motion to in-terplead the plaintiffs’ judgment funds because there were multiple competing claims to those funds that were potentially adverse to FedEx. See Libby, McNeill, & Libby v. City Nat’l Bank, 592 F.2d 504 , 507 (9th Cir.1978). Moreover, we reject McCoy’s argument that the district court did not obtain personal jurisdiction over him. McCoy did not raise his personal jurisdiction objection until he had made numerous appearances before the court in the attempt to secure his claimed portion of the plaintiffs’ judgment funds, including his filing of a response to…