Opinion
Civil Action No. 98-2629; SECTION: "J" (5)
February 14, 2001
MINUTE ENTRY
Before the Court is a Motion for New Trial (Rec. Doc. 77) filed by defendant Bruce Babbitt, Secretary of the Department of the Interior ("Defendant"). Plaintiff Angie Gobert ("Plaintiff") opposes the motion. The motion, set for hearing on February 14, 2001, is before the Court on briefs without oral argument.
This matter was tried to the Court sitting without a jury on May 22-23, 2000. After permitting the parties to file post-trial memoranda, the Court took the matter under advisement. On August 25, 2000, the Court issued its Findings of Fact and Conclusions of Law as to liability, finding that Defendant had intentionally discriminated against Plaintiff in denying her a promotion. Defendant moves for a new trial pursuant to Federal Rule of Civil Procedure 59(a). Defendant argues that Plaintiff's evidence at trial was insufficient to support a finding that she was denied a promotion due to her gender.
A new trial will not be granted unless it is reasonably clear that substantial justice has not been done. Streber v. Hunter, 221 F.3d 701, 736 (5th Cir. 2000). The burden of showing harmful error rests on the party seeking the new trial. Id. The decision whether to grant a new trial rests within the sound discretion of the trial court. Id. (citing Sibley v. Lemaire, 184 F.3d 481, 487 (5th Cir. 1999)).
After considering the record, the applicable law, the arguments presented by counsel for both parties, and the standards for new trial outlined above, the Court concludes that Defendant is not entitled to a new trial. For the reasons explained in the Court's Findings of Fact and Conclusions of Law dated August 25, 2000, the Court finds that Plaintiff was denied a promotion due to illegal discrimination.
Accordingly;
IT IS ORDERED that Defendant's Motion for New Trial should be and is hereby DENIED.