Standard Concrete Products Inc. v. General Truck Drivers Union Local 952

Good Law
175 F. App'x 932
United States Court of Appeals for the Ninth CircuitApril 14, 2006No. 04-56070California395 words

Opinion

Lead Opinion

MEMORANDUM ***

Teamsters Local 952 (“Teamsters”) appeals the district court’s order denying its motion to retax costs. We have jurisdiction under 28 U.S.C. § 1292 and we affirm.

In 2003, a panel of this court affirmed in part and reversed in part a district court decision interpreting a collective bargaining agreement between Standard Concrete and Teamsters. See Standard Concrete Prods. Inc. v. Gen. Truck Drivers, Office, Food and Warehouse Union, Local 952, 353 F.3d 668, 673, 679 (9th Cir.2003). In a separate order, we instructed that each party should bear its own costs of suit. Nonetheless, Teamsters returned to the district court and filed a motion to retax costs, along with a bill of costs that included a filing fee, transcript fees, and the supersedeas bond premium. The district court denied Teamsters’ motion to retax costs, relying on this court’s order regarding costs. The district court stated: “The district court has no reason to disturb the Court of Appeals’ order, even assuming it had the authority to do so.” We hold that this was not an abuse of discretion. See Miles v. California, 320 F.3d 986, 988 (9th Cir.2003) (stating that a district court’s award of costs is…

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