Obrey

MEMORANDUM *

Ronald Obrey, an employee at the Pearl Harbor Naval Shipyard, appeals an unfavorable jury verdict in his Title VII employment discrimination suit. He contends that the district court made several erroneous evidentiary rulings and used an improper verdict form. We agree that the district court committed a number of errors, mostly due to its failure faithfully to apply our prior decision in this case. See Obrey v. Johnson (Obrey I), 400 F.3d 691 (9th Cir.2005). Because we are unable to conclude that these errors, taken together, were harmless, we reverse and remand for a new trial.

We review a district court’s evidentiary rulings for abuse of discretion. See, e.g., McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1032 (9th Cir.2003). We also review a district court’s formulation of jury instructions for abuse of discretion, although we consider de novo whether an instruction misstates the law. See, e.g., Costa v. Desert Palace, Inc., 299 F.3d 838, 858 (9th Cir.2002) (en banc), aff'd, 539 U.S. 90 , 123 S.Ct. 2148 , 156 L.Ed.2d 84 (2003). Under the abuse of discretion standard, “we reverse where we have a definite and firm conviction that the district court committed a…