Cole

MEMORANDUM **

Sharyn Cole appeals pro se the district court’s order, following a bench trial, entering judgment against her and in favor of the defendant, Premium Tobacco Stores, Inc., on Cole’s complaint raising various claims related to employment discrimination. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Cole contends that the district court erred in not permitting her witness, Nicholas Parker, to testify telephonically, and in denying her motion to continue the trial to allow Parker to testify. Even assuming that the district court so erred, beyond her bare assertion, Cole has failed to show that the outcome of the trial would have been different had Parker testified. Therefore, the alleged error is harmless. See Haddad v. Lockheed Cal. Corp., 720 F.2d 1454, 1459 (9th Cir.1983) (“[Wjhen an appellate court ponders the probable effect of an error on a civil trial, it need only find that the jury’s verdict is more probably than not untainted by the error.”).

Cole next contends that witness Jay Chapman should not have been permitted to testify since he was present in the courtroom during the trial. Because Cole did not request that Chapman be excluded,…