Leann Kennedy v. Eastern Idaho Railroad, L.L.C.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEANN KENNEDY, No. 23-35141

Plaintiff-Appellant, D.C. No. 1:19-cv-00424-JMM

v.

MEMORANDUM*

EASTERN IDAHO RAILROAD, L.L.C.;

WATCO COMPANIES, L.L.C.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Idaho James Maxwell Moody, Jr., District Judge, Presiding

Argued and Submitted March 28, 2024 Seattle, Washington

Before: WARDLAW, PARKER,** and MILLER, Circuit Judges.

Plaintiff-Appellant Leann Kennedy (“Kennedy”) appeals the district court’s

denial of her post-trial motions for a new trial, for renewed judgment as a matter of

law, and to vacate the judgment. In November 2016, Kennedy, then an employee

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Barrington D. Parker, Jr., United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit, sitting by designation. of Defendants-Appellees Watco…