United States v. Safeco Insurance

MEMORANDUM **

This action involves the interpretation of a surety bond guaranteeing the costs of reclaiming a mine located in the State of Nevada. Appellant Safeco Insurance Company of America (“Safeco”) appeals the district court’s grant of summary judgment in favor of appellees on their claim for declaratory relief.

As a preliminary matter, the Court finds that Safeco did not waive its right to appeal the district court’s judgment. The undisputed facts surrounding the submission of the proposed judgment demonstrate that Safeco did not intend to consent to entry of final judgment against it, but instead was consenting merely to the form of judgment as requested by the district court. See Tapper v. Comm’r of Internal Revenue, 766 F.2d 401, 403 (9th Cir.1985) (stating that one exception to the general rule that a party cannot appeal a judgment entered with its consent is “where the party did not actually consent.”). Slaven v. American Trading Transp. Co., 146 F.3d 1066 (9th Cir.1998), is distinguishable. There a cover letter attached to the proposed form of judgment confirmed that a party’s signature to the stipulation constituted approval of the substance of the proposed…