Aguilar

MEMORANDUM **

Appellant Ed Aguilar (“Aguilar”) brought discrimination, hostile work environment, and retaliation claims against CH2M Hill Hanford, Inc. (“CH2M”) under Title VII and Washington state law. At trial, the jury found in favor of CH2M on all claims. On appeal, Aguilar contends the district court erred by (1) allowing a witness to testify after violating the court’s witness exclusion order, 1 and (2) limiting direct examination of an adverse witness as to her bias against Aguilar.

1.

We review for abuse of discretion a district court’s decision to permit a witness to testify notwithstanding the violation of a witness exclusion order. See United States v. English, 92 F.3d 909, 913 (9th Cir.1996).

Here, the challenged witness complied with the district court’s exclusion order by remaining outside the courtroom until after he testified and was excused by *746 the district court. At that point, he had as much right to be in the courtroom, listening to the proceedings, as any member of the public. The unanticipated need to recall the witness arose only when Aguilar later testified that the witness had referred to him with a racial epithet at work. The witness’s rebuttal…