Arlene Galdamez v. John Potter, Postmaster General
Opinion
Opinion
Hug, J.
Arlene Galdamez appeals the district court’s denial of her motion for a new trial following a defense verdict in her Title VII ease against the United States Postal Service. We treat Galdamez’s timely appeal from denial of the new trial motion as an appeal from final judgment. See 11 Charles Alan Wright, Arthur R. Miller, & Mary Kay Kane, Federal Practice & Procedure § 2818, at 191-93 (1995); accord Medrano v. City of Los Angeles, 973 F.2d 1499, 1502-03 (9th Cir.1992); In re Nicholson, 779 F.2d 514, 515-16 (9th Cir.1985). Therefore, we have jurisdiction under 28 U.S.C. § 1291 . Although the district court correctly denied Galdamez’s motion to amend the pretrial order and did not abuse its discretion in formulating either the jury instructions or the special verdict, it nonetheless erred by denying her request for an instruction on the Postal Service’s potential liability for harassment by customers and community members based on her race and national origin. Accordingly, we affirm in part, reverse in part, and remand for a new trial on Galdamez’s harassment claim.