Deaton

MEMORANDUM *

Plaintiff Linda Deaton appeals the denial of her motion for judgment as a matter of law. Judgment was entered against Deaton after a jury determined that Deaton failed to file her action within the time permitted by the Fair Credit Reporting Act. Deaton also appeals the grant of summary judgment in favor of defendants Chevy Chase Bank and its successor BankOne (collectively “the Banks”) dismissing her unfair and deceptive trade practices claim under Hawaii Revised Statute § 480-2 as time-barred.

I

We review de novo a motion for judgment as a matter of law. McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1036 (9th Cir.2003), cert, denied, 540 U.S. 1160 , 124 S.Ct. 1169 , 157 L.Ed.2d 1204 (2004). “Judgment as a matter of law is proper if the evidence, construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, and that conclusion is contrary to the jury’s.” Id. (internal quotation marks omitted).

The parties are generally familiar with the facts asserted by Deaton in support of her claims and we need not repeat them here. As an initial matter, the Banks argue that the jury verdict was correct because Deaton failed to file her…