Guinan

MEMORANDUM **

Following an adverse jury verdict in a Title VII retaliation suit, Pete Guinan appeals the district court’s exclusion of the testimony of seven witnesses and of a Notice documenting an Equal Employment Opportunity Commission (“EEOC”) finding of discrimination at Guinan’s workplace. We review the district court’s evidentiary rulings for abuse of discretion. Obrey v. Johnson, 400 F.3d 691, 694 (9th Cir.2005). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

1. The district court did not err in excluding the testimony of the seven witnesses as irrelevant under Federal Rules of Evidence 401 and 402 and substantially more prejudicial than probative under Rule 403. The court properly required that “similarly situated” employee-witnesses “have similar jobs and display simi *93 lar conduct” to the plaintiff. Vasquez v. County of Los Angeles, 349 F.3d 634, 641 (9th Cir.2003). It properly excluded the testimony of C.W. Ash, T.N. Dang, T.J. McCarthy, and J. Bell when Guinan was unable to proffer that they engaged in misconduct of comparable seriousness to Guinan’s. Further, the district court did not violate Federal Rule of Evidence 103 when it requested that Guinan…