Gant

MEMORANDUM **

Robert Gant and his wife appeal from a jury verdict in their § 1983 and Title VII action alleging that Gant was terminated improperly from his position as an officer with the Pinal County Sheriffs Office (PCSO). Gant contends that defendants discriminated against him on the basis of his race and age when they failed to promote him and then fired him. Defendants assert that Gant was not qualified to be promoted and was fired because he lied about having worked on Thanksgiving Day. Gant assigns error to the district court’s denial of his motion for judgment as a matter of law, or in the alternative, for a new trial. Gant’s failure to move for judgment as a matter of law before the case was submitted to the jury, however, precludes consideration of his renewed motion for judgment as a matter of law. See Fed.R.Civ.P. 50(b); Tortu v. Las Vegas Metro. Police Dep’t, 556 F.3d 1075, 1081-82 (9th Cir.2009). We review the district court’s denial of a motion for a new trial for abuse of discretion, Zhang v. American Gem Seafoods, Inc., 339 F.3d 1020, 1040 (9th Cir.2003), and we affirm.

The jury’s exposure to Trial Exhibit 45 does not warrant a new trial. Gant argues that…