John W. Cosgrave v. Marriott Hotels, Inc.

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John W. COSGRAVE, Plaintiff-Appellant, v. MARRIOTT HOTELS, INC., Defendant-Appellee. No. 92-36677. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 21, 1993. Before: SNEED, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 John W. Cosgrave appeals pro se the district court's denial of his Fed.R.Civ.P. 50(b) motion for judgment notwithstanding the verdict in favor of Marriott Hotels, Inc. ("Marriott"), in Cosgrove's diversity action seeking damages for assault and battery and false imprisonment allegedly committed by one of Marriott's security guards. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 * Jurisdiction 4 Marriott contends that we lack jurisdiction over this appeal because Cosgrave designated the order denying his Rule 50(b) motion, which Marriott contends is a nonappealable order, rather than the final judgment, in his notice of appeal. We disagree. 5…