Harper v. Tveter et al

Filing 140

MEMORANDUM DECISION and ORDER on Parties' Motions for Judgment as a Matter of Law. Signed by Judge Ted Stewart on 9/2/2015. (blh)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH TAYLOR HARPER, MEMORANDUM DECISION AND ORDER ON PARTIES’ MOTIONS FOR JUDGMENT AS A MATTER OF LAW Plaintiff, v. MICHAEL TVETER, Case No. 2:13-CV-889 TS Defendant. District Judge Ted Stewart This matter is before the Court on the parties’ Motions for Judgement as a Matter of Law. The parties made their Motions orally at the conclusion of trial on September 2, 2015. Federal Rule of Civil Procedure 50(a) provides, If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may: (A) resolve the issue against the party; and (B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. In reviewing a Rule 50 Motion, the Court should review all of the evidence in the record. 1 However, all reasonable inferences are drawn in favor of the nonmoving party and the Court does “not make credibility determinations or weigh the evidence.” 2 Judgment as a matter of law is appropriate “only if the evidence points but one way and is susceptible to no reasonable inferences which may support the opposing party’s 1 Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150 (2000). 2 Id. 1 position.” 3 A judgment as a matter of law is appropriate “[i]f there is no legally sufficient evidentiary basis . . . with respect to a claim or defense . . . under the controlling law.” 4 Having considered the evidence and arguments presented on both sides, the Court finds that neither party has shown their entitlement to judgment as a matter of law. It is therefore ORDERED that both parties’ Motions for Judgment as a Matter of Law are DENIED. DATED this 2nd day of September, 2015. BY THE COURT: Ted Stewart United States District Judge 3 Finley v. United States, 82 F.3d 966, 968 (10th Cir. 1996). 4 Baty v. Willamette Indus., Inc., 172 F.3d 1232, 1241 (10th Cir. 1999). 2

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