Joseph . Saunders/ v. Washington Metropolitan Area Transit Authority. Timothy D. Smith v. Washington Metropolitan Area Transit Authority

Appellants have moved for leave to file in these consolidated cases a bill of costs pursuant to Rule 39 of the Federal Rules of Appellate Procedure. 1 The bill of costs lists expenditures for docket fees and the printing of briefs, and appellants’ share of the expense of printing of a joint appendix. Appellee, the Washington Metropolitan Area Transit Authority (WMATA), opposes the motion on two grounds.

First, WMATA contends that appellants waived their right to recover as costs any part of the charge for printing the joint appendix by joining in a stipulation which called for the parties to…