Bolduc v. ICWUSA.COM, INC.

Filing 88

ORDER: Denying Plaintiff's Motion for reconsideration and for a new trial 86 . Signed on 5/6/2014 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
RENE (SONNY) BOLDUC,
No.

l:l3~cv-816-PA

Plaintiff,
ORDER

v.

ICWUSA.COM, INC.,
Defendant.
PANNER, J.

Plaintiff brings claims for employment discrimination
against defendant.

The jury found for defendant on all claims.

Plaintiff now moves to reconsider the denial of his motion
for judgment as a matter of law.
seeks a new trial.

Alternatively, plaintiff

I deny the motion.
STANDARDS

"'Judgment as a matter of law is appropriate when the
evidence, construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, which is
contrary to the jury's verdict.'"

1 - ORDER

Hagen v. City of Eugene, 736

F.3d 1251, 1256 (9th Cir. 2013)

(quoting Omega Envtl., Inc. v.

Gilbarco, Inc., 127 F.3d 1157, 1161 (9th Cir. 1997)).
Under Federal Rule of Civil Procedure 59, a trial court
may

o~der

a new trial if the jury's verdict is against the

clear weight of the evidence, is based on false evidence, or
would cause a miscarriage of justice.
Inc., 481 F.3d 724, 729

(9th Cir. 2007)

Molski v. M.J. Cable,
(internal citation

omitted).
DISCUSSION

The verdict indicates the jury did not find plaintiff
credible.

The jury could reasonably find plaintiff failed to

prove a hostile work environment or retaliation for filing a
worker's compensation claim.

Substantial evidence supported

the jury's verdict.
Plaintiff objects to the verdict form.

Plaintiff argues

that because the verdict form asked only whether defendant
terminated plaintiff for filing a worker's compensation claim,
the form prevented the jury from finding defendant retaliated
again~t

plaintiff with measures, such as pay cuts, that fall

short of termination.
I agree with defendant that plaintiff waived his challenge
to Ehe verdict form by failing to object when I reviewed the
verdict form with counsel during trial.

Even if plaintiff did

not waive this objection, any error in the verdict form was
harmless because the jury found defendant did not retaliate
~gainst

plaintiff.

2 - ORDER

CONCLUSION
Plaintiff's motion for reconsideration and for a new trial
(#86)

is denied.
IT IS SO ORDERED.
DATED this

-----~=+--

day of May, 2014.

~;g~R~
U.S. DISTRICT JUDGE

3 - ORDER