Claiborne v. Blauser et al

Filing 191

ORDER signed by District Judge Virginia A. Phillips on 11/18/2015 DENYING 189 Motion for Judgment. (Zignago, K.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. 2:10-CV-2427VAP

Date: November 18, 2015

Title:
DENNIS GERALD CLAIBORNE -v- BLAUSER, ET. AL.
===============================================================
PRESENT:
HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE
Marva Dillard
Courtroom Deputy
ATTORNEYS PRESENT FOR
PLAINTIFFS:

None Present
Court Reporter
ATTORNEYS PRESENT FOR
DEFENDANTS:

None
PROCEEDINGS:

None
MINUTE ORDER DENYING PLAINTIFF'S MOTION FOR
JUDGMENT AS A MATTER OF LAW (IN CHAMBERS)

On October 29, 2015, Plaintiff Dennis Claiborne ("Plaintiff") filed a Motion for
Judgment as a Matter of Law ("Motion") under Fed. R. Civ. P. 50(b). (Doc. 189).
Under Rule 50(b), a party may move for judgment as a matter of law, so long as he
moved for judgment previously "at the close of all the evidence" and before
"submission of the case to the jury." See Fed. R. Civ. P. 50(a); Janes v. Wal-Mart
Stores, Inc., 279 F.3d 883, 886-87 (9th Cir. 2002).
Here, Plaintiff did not move for judgment as a matter of law "before the case
[was] submitted to the jury." See Fed. R. Civ. P. 50(a). Although he has previously
moved for judgment as a matter of law (See Docs. 86, 175), he did so well before

trial and before the "close of all the evidence." See Janes, 279 F.3d at 887. The
MINUTES FORM 11
CIVIL -- GEN

Initials of Deputy Clerk __md___
Page 1

EDCV 10-02427 VAP
DENNIS GERALD CLAIBORNE V. BLAUSER, ET. AL.
MINUTE ORDER of November 18, 2015

Court has also considered Plaintiff's Motion on the merits and finds that he is not
entitled to judgment as a matter of law. Accordingly, the Court DENIES Plaintiff's
Rule 50(b) Motion.
IT IS SO ORDERED.

MINUTES FORM 11
CIVIL -- GEN

Initials of Deputy Clerk __md___
Page 2