Kraus

MEMORANDUM ***

Kristi Kraus appeals the district court’s judgment in favor of Clark County, Nevada, in Kraus’s action alleging gender discrimination and hostile work environment under Title VII of the Civil Rights Act of 1964 and negligent supervision and intentional infliction of emotional distress under Nevada state law. We lack jurisdiction to review the district court’s final order because Kraus failed to file a post-verdict motion for judgment as a matter of law. Therefore, we dismiss Kraus’s petition. Having reviewed the merits of Kraus’s appeal, however, we note that we would have affirmed the jury verdict.

1. “[A] post-verdict motion under [Federal Rule of Civil Procedure] 50(b) is an absolute prerequisite to any appeal based on insufficiency of the evidence.” Nitco Holding Corp. v. Boujikian, 491 F.3d 1086, 1089 (9th Cir.2007); Unitherm Food Sys., Inc. v. Swift-Eckrich, Inc., 546 U.S. 394, 400-01 , 126 S.Ct. 980 , 163 L.Ed.2d 974 (2006). The requirement of filing a Rule 50(b) motion is jurisdictional and cannot be waived. Nitco, 491 F.3d at 1089-90 . Because Kraus failed to file the prerequisite Rule 50(b) motion, she has forfeited her right to challenge the jury’s…