Ayres

Ayres v. Earnhardt's Gilbert Dodge, Inc.

Good Law
52 F. App'x 921
United States Court of Appeals for the Ninth CircuitDecember 9, 2002Nos. 01-15984, 01-16726; D.C. No. CV-97-01933-ROSCalifornia383 words

Opinion

Lead Opinion

MEMORANDUM **

Gary Ayres appeals pro se the district court’s directed verdict, pursuant to Fed. R.Civ.P. 50, for the defendant on the issue of damages in Ayres’ employment discrimination action alleging that he was demoted and constructively discharged due to age discrimination, in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 , et seq. Earnhardt’s Dodge cross-appeals the district court’s order denying Earnhardt’s motion to modify the judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s directed verdict. Headwaters Forest Defense v. County of Humboldt, 240 F.3d 1185, 1196 (9th Cir.2000). We review for abuse of discretion the district court’s order denying a Fed.R.Civ.P. 59(e) motion to amend judgment. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). We affirm the appeal in No. 01-15984 and reverse and remand the cross-appeal in No. 01-16726.

The district court properly granted a directed verdict on the issue of damages to Earnhardt’s Dodge because Ayres failed to offer any competent proof of actual damages. See Weinberg v. Whatcom Co., 241 F.3d 746, 751 (9th Cir.2001).

We are…

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