Alfonso January v. Dr Pepper Snapple Group

MEMORANDUM

Defendants-Appellants Dr Pepper Snapple Group, Inc. (Dr Pepper) and The American Bottling Co. (ABC) appeal following a jury verdict awarding Plaintiff-Appellee Alfonso January $1,140,000 in compensatory damages and $1,335,400 in punitive damages for age discrimination under California’s Fair Employment and Housing Act (FEHA), Cal. Gov’t Code § 12900 et seq. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

1. Defendants first claim prejudicial error based on the district court’s interpretation of the parties’ stipulation that “Plaintiffs are or were employed by Defendants.” We review the district court’s interpretation of a stipulation de novo, United States v. Lawton, 193 F.3d 1087, 1094 (9th Cir.1999), superseded by statute on other grounds, and we review the district court’s refusal to modify a pretrial order to relieve a party of a stipulation for abuse of discretion, Byrd v. Guess, 137 F.3d 1126, 1131 (9th Cir.1998), superseded by statute on other grounds.

The district court correctly, interpreted the stipulation as establishing that Dr Pepper, not just ABC, was Plaintiffs’ employer. The stipulation unambiguously refers to “Defendants” in the plural,…