Nester-Osborne

MEMORANDUM **

Because the parties are familiar with the facts, we do not recite them in detail.

*617 At the close of Osborne’s case-in-chief, Albertson’s moved for judgment as a matter of law regarding her claim for front pay and back pay based on her failure to mitigate damages. 1 The district court deferred ruling on the motion, and submitted the issue of back pay to the jury as an advisory jury. On September 3, 2005, the jury returned a verdict in Osborne’s favor that awarded her mental, physical, and emotional damages of $25,000 and punitive damages of $25,000. The jury also made an advisory ruling under Federal Rule of Civil Procedure 39(c) that Osborne was constructively discharged- from Albert-son’s, and entitled to lost back pay of $75,000 and no front pay.

On November 16, 2004, the district court made its factual findings regarding back pay and denied Albertson’s motion for judgment as a matter of law requesting the back pay award be capped. The district court found that Albertson’s failed to meet its burden of showing that Osborne failed to mitigate her damages, and found that the jury’s award of approximately four years of wages was reasonable based on all of the…