Equal Employment Opportunity Commission v. Serrano's Mexican Restaurants, LLC

MEMORANDUM **

Plaintiff Equal Employment Opportunity Commission (EEOC) appeals the district court’s reconsideration of its prior order granting a new trial in the EEOC’s action pursuant to Title VII of the Civil Rights Act. The EEOC alleges that Defendant Serrano’s Mexican Restaurants, LLC failed to reasonably accommodate former restaurant manager Terra Naeve’s sincere religious beliefs. A jury determined that Serrano’s did reasonably accommodate Naeve. The EEOC asserts that the jury’s determination was against the clear weight of the evidence and, therefore, the district court’s initial order granting a new trial on that basis was proper and reconsideration of that order erroneous. “We review for abuse of discretion a district judge’s decision to reconsider an interlocutory order by another judge of the same court.” Amarel v. Connell, 102 F.3d 1494, 1515 (9th Cir.1996). We also review for abuse of discretion the decision to grant or deny a motion for new trial on the grounds that the verdict is against the clear weight of the evidence. Landes Constr. Co., Inc. v. Royal Bank of Can., 833 F.2d 1365, 1372 (9th Cir.1987). We affirm.

The district court was not barred by the law of…