Facts

Marcus Abbe and more than 1,409 San Diego police officers filed a collective wage and hour action against the City of San Diego pursuant to the Fair Labor Standard Act of 1938.

The city ultimately prevailed on the merits, and sought an award for costs. The district court awarded the city $208,403 in costs. The city took the position that the amount was joint and several, where each plaintiff can be held responsible for the entire award. Nevertheless, it offered to settle with 143 of the plaintiffs who declined to settle on appeal. Plaintiffs eventually accepted this offer. Plaintiffs subsequently filed this Federal Rules of Civil Procedure Rule 60(b) motion, seeking relief from order taxing costs.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that they've been required to work hours constituting overtime under the FLSA and California labor law, but that defendant failed to pay them overtime.

Plaintiffs argued that when an award is silent whether the award was several or joint and several, the award is presumed to be joint and several. If so, then any one plaintiff could be held liable for the entire award. Consequently, plaintiffs sought relief from the order awarding defendant costs so that each plaintiff would only be responsible for $148. Ultimately, the non-settling plaintiffs agreed to settle the cost award, and subsequently filed this instant motion to tax costs. With regard to this instant motion, plaintiffs contended that the motion was brought within a reasonable time given the change in circumstances, that is, the city's collection efforts.

DEFENDANT'S CONTENTIONS:
The city offered to accept a payment of $1,457 from each of the plaintiffs. Plaintiffs eventually accepted this offer, but they also subsequently filed this motion seeking relief to tax costs. The city contended that this motion should be denied because it was filed untimely, having been filed more than three and a half years after the cost award order. The city also contended that they'd been prejudiced by the delay.

Result

U.S. District Judge Dana M. Sabraw denied plaintiffs' motion to tax costs as untimely because it was filed three and a half years after the court issued the order awarding costs. The delay had also caused the city prejudice.