Opinion
No. 10-56791 D.C. No. 2:09-cv-00567-AHM-AGR
02-10-2012
POM WONDERFUL LLC, a Delaware limited liability company, Plaintiff - Appellant, v. WELCH FOODS, INC., a Michigan corporation, Defendant - Appellee.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court
for the Central District of California
A. Howard Matz, District Judge, Presiding
Submitted February 8, 2012
The panel unanimously concludes that this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Pasadena, California
Before: D.W. NELSON, O'SCANNLAIN, and N.R. SMITH, Circuit Judges.
Pom Wonderful LLC contends that the district court erred by submitting to the jury, at the end of the first phase of the bifurcated trial, the fact-of-injury element of Pom's Lanham Act claim. We disagree. The decision to submit that issue to the jury accorded with the pretrial order bifurcating the trial and was not an abuse of discretion.
Pom also contends that the district court abused its discretion in denying its motion to reopen the trial to submit further evidence on injury. Again, we disagree. The record supports the district court's decision to deny Pom's request. See Berns v. Pan Am. World Airways, Inc., 667 F.2d 826, 829 (9th Cir. 1982). The record likewise supports the district court's decision not to grant Pom a partial new trial.
On May 9, 2011, the parties filed a Joint Stipulation Concerning Video Deposition Clips Played at Trial. We construe this submission as a joint motion to supplement the record. So construed, the motion is GRANTED.
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AFFIRMED.