Summary
The United States District Court for the Eastern District of California denied Adam Jay Stone’s motion for a new trial following a jury verdict for Defendants on his excessive-force claims. The court held that the evidence was sufficient to support the verdict and that the purportedly newly discovered evidence did not satisfy the applicable diligence requirement or warrant a different result. The order also addressed the court’s jurisdiction to resolve the motion after Stone filed a notice of appeal.
Holdings
- The court retained jurisdiction to resolve the motion for a new trial because the notice of appeal was filed after the motion, making the notice effective when the district court entered its order on the motion.
- A new trial was not warranted because the verdict was supported by more than sufficient evidence and was not against the great weight of the evidence or a seriously erroneous result.
- The alleged new evidence did not warrant a new trial because Plaintiff failed to show that he could not have discovered it earlier through due diligence, and the evidence would not have affected the verdict.
Questions Presented
- Whether the jury's verdict for Defendants on Plaintiff's excessive-force claims was against the great weight of the evidence or represented a seriously erroneous result warranting a new trial.
- Whether information concerning the identity of Nurse Chapa constituted newly discovered evidence warranting a new trial.
- Whether the court retained jurisdiction to decide the new-trial motion after Plaintiff filed a notice of appeal.
Disposition
other
Cases Cited (26)
- Morris v. Morgan Stanley & Co., 942 F.2d 648, 654 (9th Cir. 1991)(followed)
- Molski v. M.J. Cable, Inc., 481 F.3d 724, 728 (9th Cir. 2007)(followed)
- Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 251 (1940)(followed)
- Jorgenson v. Cassiday, 320 F.3d 906, 918 (9th Cir. 2003)(followed)
- Murphy v. City of Long Beach, 914 F.2d 183, 186 (9th Cir. 1990)(followed)
- Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 36 (1980)(followed)
- Landes Constr. Co. v. Royal Bank of Can., 833 F.2d 1365, 1371 (9th Cir. 1987)(followed)
- McClain v. Anchor Packing Co., No. 89 C 6226, 1996 WL 417540, at *4 (N.D. Ill. July 23, 1996)(persuasive)
- Bankston v. State of Illinois, No. 93 C 39, 1994 WL 11614, at *2 (N.D. Ill. Jan. 3, 1994), aff'd, 60 F.3d 1249 (7th Cir. 1995)(persuasive)
- FLOE Int'l, Inc. v. Newmans' Mfg. Inc., No. CIV. 04-5120 DWFRLE, 2007 WL 902809, at *4 (D. Minn. Mar. 12, 2007)(persuasive)
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Cited In (0)
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