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Nancy Jewell Cross v. Peninsula Corridor Study Joint Powers Board
Citations: 60 F.3d 832; 1995 U.S. App. LEXIS 25446; 1995 WL 394297Docket: 94-15439
Court: Court of Appeals for the Ninth Circuit; June 30, 1995; Federal Appellate Court
Nancy Jewell Cross appealed a district court's decision denying her motion to strike the defendants' bill of costs and her request for Rule 11 sanctions. The Ninth Circuit affirmed the district court's ruling. The court reviewed the award of costs and the decision on Rule 11 sanctions for abuse of discretion. Cross contested the district court's award of costs for a transcript related to a hearing on her complaint's adequacy. The defendants had obtained this transcript after Cross's appeal from her complaint's dismissal, which the Ninth Circuit had already affirmed. The district court found the transcript potentially relevant and allowed the defendants to recover $121.75 for its costs. The Ninth Circuit concluded that the district court did not abuse its discretion in awarding these costs or in denying Cross's motion for sanctions, as the defendants were entitled to recover costs. Cross's argument alleging a denial of due process due to the district judge's alleged bias against imposing sanctions was dismissed as meritless. The decision was made without oral argument and is not precedential under Ninth Circuit Rule 36-3.