Adams et al v. Austal, U.S.A., L.L.C.
ORDER denying 540 Motion for Judgment as a Matter of Law; denying 540 Motion for New Trial. Signed by Judge Kristi K. DuBose on 11/18/2011. (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
FREDERICK CARTER, et al.,
AUSTAL, USA, L.LC.,
CIVIL ACTION NO 08-0155-KD-N
This matter is before the Court on Plaintiff Frederick Carter’s Renewed Motion for Judgment
as a Matter of Law or Motion for New Trial (Doc. 540) pursuant to Rules 50 and 59 of the Federal
Rules of Civil Procedure.1 The Court has previously (and extensively) addressed, on the record,
each of the grounds which are re-asserted by Plaintiff Carter in his motion. Accordingly, it is
ORDERED that Plaintiff’ Frederick Carter’s Renewed Motion for Judgment as a Matter of Law or
Motion for New Trial (Doc. 540) is DENIED for reasons previously stated on the record.
DONE and ORDERED this the 18th day of November 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
1 Rule 50 provides, in relevant part, as follows: (b) Renewing the Motion After Trial; Alternative Motion for a New
Trial…No later than 28 days after the entry of judgment--or if the motion addresses a jury issue not decided by a verdict,
no later than 28 days after the jury was discharged--the movant may file a renewed motion for judgment as a matter of
law and may include an alternative or joint request for a new trial under Rule 59. In ruling on the renewed motion, the
court may: (1) allow judgment on the verdict, if the jury returned a verdict; (2) order a new trial; or (3) direct the entry of
judgment as a matter of law….(e) Denying the Motion for Judgment as a Matter of Law; Reversal on Appeal. If the
court denies the motion for judgment as a matter of law, the prevailing party may, as appellee, assert grounds entitling it
to a new trial should the appellate court conclude that the trial court erred in denying the motion. If the appellate court
reverses the judgment, it may order a new trial, direct the trial court to determine whether a new trial should be granted,
or direct the entry of judgment.
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