Adler v. Relynet, Inc., et al.,

Filing 296

ORDER signed by Judge John A. Mendez on 4/8/2010 ORDERING that Defendants' 250 motion for judgment as a matter of law and, in the alternative, motion for new trial is DENIED.(Duong, D)

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PROPOSED ORDER DENYING DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR NEW TRIAL

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) WBS-PAN2:08-CV-01333-JAM-EFB Case No. (JFM) ) ) ORDER DENYING RELYNET, INC.'S Plaintiff, ) AND MICHAEL DICARLO'S MOTION vs. ) FOR JUDGMENT AS A MATTER OF ) LAW (F.R.C.P. 50) AND, IN THE RELYNET, INC., a California Corporation, ) ALTERNATIVE, MOTION FOR NEW ) TRIAL (F.R.C.P. 59) MICHAEL DICARLO, an individual, ) INTERNET BRAND, INC., a Delaware ) corporation, INTERMEDIA OUTDOORS, ) Date: April 7, 2010 INC., a Delaware corporation, VORTEX ) Time: 9:30 a.m. MEDIA GROUP, INC., a Delaware ) Courtroom: 6 corporation, and DOES 1 through 50, ) inclusively, ) Honorable John A. Mendez ) ) Defendants. _______________________________________) ) ) RELYNET, INC., a California Corporation, ) MICHAEL DICARLO, an individual, and ) DOES 1 through 50, inclusively, ) ) Counterclaimants, ) ) vs. ) ) DUSTIN K. ADLER, an individual, ) ) Counterdefendant. ) ) DUSTIN K. ADLER, an individual,

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Defendants' RelyNet, Inc.'s and Michael DiCarlo's motion for judgment as a matter of law (F.R.C.P. 50(b)) and, in the alternative, motion for new trial (F.R.C.P. 59) came on for hearing on April 7, 2010 on this Court's 9:30 calendar. The Court has considered the evidence admitted at trial, and the jury verdict rendered. It has also considered the underlying briefs and oral argument of counsel and now rules as follows: IT IS HEREBY ORDERED that Defendants' motion for judgment as a matter of law (F.R.C.P. 50(b)) and, in the alternative, motion for new trial (F.R.C.P. 59) is DENIED. IT IS SO ORDERED.

Dated: April 8, 2010

/s/ John A. Mendez__________________ JOHN A. MENDEZ Judge of the United States District Court

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PROPOSED ORDER DENYING DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR NEW TRIAL