Opinion
Civil No. 09-477-P-H
09-16-2011
LINDA L. LAMPRON, PLAINTIFF v. POSTMASTER GENERAL, DEFENDANT
ORDER ON PLAINTIFF'S MOTION FOR JUDGMENT AS A MATTER OF LAW
OR, IN THE ALTERNATIVE, MOTION FOR NEW TRIAL
The plaintiff's motion for judgment as a matter of law or, in the alternative, motion for a new trial is DENIED.
The motion for judgment as a matter of law under Fed. R. Civ. P. 50 is D ENIED as untimely, because it was not made before the close of all the evidence. Fed. R. Civ. P. 50(a). Zachar v. Lee, 363 F.3d 70, 74 (1st Cir. 2004). The motion for a new trial under Rule 59 is DENIED because the jury was entitled to conclude that adverse employment action was not taken for a retaliatory reason. The evidence was well and thoroughly presented by both parties, and the jury resolved their conflicting views as to what inferences to draw. There is no reason to upset that verdict.
SO ORDERED.
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE