Opinion
Case No. 1:09-CV-01878-OWW-MJS
09-30-2011
MARIA ESCRIBA, Plaintiff, v. FOSTER POULTRY FARMS, A CALIFORNIA CORPORATION, Defendant.
Armand George Skol, SBN 58974 William A. Lapcevic, SBN 238893 ARATA, SWINGLE, SODHI & VAN EGMOND A Professional Law Corporation Carmine R. Zarlenga (Pro Hac Vice) MAYER BROWN LLP Maritoni D. Kane (Pro Hac Vice) MAYER BROWN LLP Attorneys for Defendant Attorneys for Defendant Foster Poultry Farms
Armand George Skol, SBN 58974
William A. Lapcevic, SBN 238893
ARATA, SWINGLE, SODHI & VAN EGMOND
A Professional Law Corporation
Carmine R. Zarlenga (Pro Hac Vice)
MAYER BROWN LLP
Maritoni D. Kane (Pro Hac Vice)
MAYER BROWN LLP
Attorneys for Defendant
Attorneys for Defendant
Foster Poultry Farms
ORDER ON PLAINTIFF'S POST TRIAL MOTIONS
THIS MATTER is before the Court on Plaintiff's Renewed Motion for Judgment as a Matter of Law, Alternative Motion For New Trial, and Motion To Amend The Judgment (dkt. 221). The Court has reviewed both parties' briefs and, for the reasons set forth in its memorandum order filed on September 29, 2011 (dkt. 241), the Court orders as follows:
1. The evidence was sufficient to support the jury's verdict in all respects. Plaintiff's Rule 50 motion for judgment as a matter of law accordingly is DENIED.
2. The verdict was not against the clear weight of the evidence, and Plaintiff's evidentiary objection provides no basis for a new trial. Plaintiff's Rule 59(a) motion for a new trial accordingly is DENIED.
3. Plaintiff's Rule 59(e) motion to alter or amend the judgment to reflect that she is the prevailing party under California law solely with respect to her claim for unpaid accrued vacation time and the associated waiting time penalty is GRANTED.
4. Defendant is the prevailing party in all other respects and accordingly is entitled to recover, at minimum, costs of the suit.
IT IS SO ORDERED.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE