Rodriguez Juarez v. Midwest Division - OPRMC, LLC

District Court, D. Kansas·Decided April 7, 2025·No. 2:23-cv-02417·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

MARIANA RODRIGUEZ JUAREZ, ) ) Plaintiff, ) CIVIL ACTION ) v. ) No. 23-2417-KHV ) MIDWEST DIVISION – OPRMC, LLC ) ) Defendant. ) ____________________________________________)

MEMORANDUM AND ORDER

This matter is before the Court on Defendant Overland Park Regional’s Renewed Motion For Judgment As A Matter Of Law, Motion For New Trial, Or To Alter Or Amend The Judgment (Doc. #90) filed February 12, 2025 and Plaintiffs’ Renewed And Amended Motion For An Award Of Attorney’s Fees And Litigation Expenses (Doc. #92) filed February 27, 2025. For reasons stated below, the Court overrules defendant’s motion and sustains plaintiffs’ motion in part. I. Defendant’s Motion1 A. Renewed Motion For Judgment As A Matter Of Law Defendant is entitled to judgment as a matter of law only if all the evidence, viewed in the light most favorable to plaintiff, reveals no legally sufficient evidentiary basis to find for plaintiff. See Burrell v. Armijo, 603 F.3d 825, 832 (10th Cir. 2010). Judgment as a matter of law is appropriate only if the evidence points but one way and is susceptible to no reasonable inferences to support plaintiff. See Baty v. Willamette Indus., Inc., 172 F.3d 1232, 1241 (10th Cir. 1999); Riggs v. Scrivner, Inc., 927 F.2d 1146, 1149 (10th Cir. 1991). Such judgment is proper only when

1 Defendant requests that the Court set this motion for oral argument. Because the Court has already addressed defendant’s arguments, the Court declines to do so. “the evidence so strongly supports an issue that reasonable minds could not differ.” Ryder v. City

of T opeka, 814 F.2d 1412, 1418 (10th Cir. 1987). Courts should “cautiously and sparingly” grant judgment as a matter of law under Rule 50(b), Fed. R. Civ. P. Zuchel v. City & Cnty. of Denver, 997 F.2d 730, 734 (10th Cir. 1993). In determining whether to grant judgment as a matter of law, the Court may not weigh the evidence, consider the credibility of witnesses or substitute its judgment for that of the jury. See Lucas v. Dover Corp., 857 F.2d 1397, 1400 (10th Cir. 1988). Nevertheless, the Court must find more than a mere scintilla of evidence favoring plaintiff; it must find that “evidence was before the jury upon which it could properly find against [defendant].” Cooper v. Asplundh Tree Expert Co., 836 F.2d 1544, 1547 (10th Cir. 1988). Defendant argues that the evidence presented at trial was insufficient to allow a reasonable jury to find for plaintiff on her claim for hostile work environment and lost wage damages stemming from her alleged constructive discharge. On January 14, 2025, at the close of plaintiff’s evidence at trial, defendant moved for judgment as a matter of law. See Defendant Overland Park Regional’s Motion For Judgment As A Matter Of Law (Doc. #83). The Court overruled defendant’s motion. See Order (Doc. #87) filed January 15, 2025. Defendant now renews its motion. For substantially the same reasons it overruled defendant’s original motion, and those stated in plaintiff’s Memorandum In Opposition To Defendant’s Renewed Motion For Judgment As A Matter Of Law, For A New Trial, Or To Alter Or Amend The Judgment (Doc. #94) filed March 5, 2025, the Court overrules defendant’s renewed motion for judgment as a matter of law. Based on the evidence presented at trial, the jury could reasonably conclude that defendant

subjected plaintiff to a hostile work environment and constructively discharged her in violation of

-2- Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, and award her back pay

acco rdingly. B. Motion For A New Trial Pursuant to Rule 59, Fed. R. Civ. P., the Court may grant a new trial “for any reason for which a new trial has heretofore been granted in an action at law in federal court.” Fed. R. Civ. P. 59(a)(1)(A). In deciding whether to grant a motion for new trial, the Court exercises broad discretion. See Unit Drilling Co. v. Enron Oil & Gas Co., 108 F.3d 1186, 1194 (10th Cir. 1997). The Court generally regards motions for new trial with disfavor and grants them only with great caution. See Franklin v. Thompson, 981 F.2d 1168, 1171 (10th Cir. 1992); Utility Trailer Sales of Kansas City, Inc. v. MAC Trailer Mfg., Inc., 734 F. Supp. 2d 1210, 1216 (D. Kan. 2010). The party seeking to set aside a jury verdict must demonstrate prejudicial trial error or that the verdict is not based on substantial evidence. Anderson v. Phillips Petroleum Co., 861 F.2d 631, 637 (10th Cir. 1988), overruled on other grounds, Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993); White v. Conoco, Inc., 710 F.2d 1442, 1443 (10th Cir. 1983). In reviewing a motion for new trial, the Court views the evidence in the light most favorable to the prevailing party. See Griffin v. Strong, 983 F.3d 1544, 1546 (10th Cir. 1993). The Court ignores errors that do not affect the essential fairness of the trial. McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 553 (1984). Defendant argues that the evidence presented at trial was insufficient to allow a reasonable jury to find for plaintiff on her claim for hostile work environment and lost wage damages stemming from her alleged constructive discharge. Defendant Overland Park Regional’s Renewed Motion For Judgment As A Matter Of Law, Motion For New Trial, Or To Alter Or Amend The Judgment (Doc. #90) at 29. In addition, defendant argues that the Court committed prejudicial

error by allowing the jury to hear evidence regarding the alleged “sugar daddy” comment, because

-3- such evidence constitutes two levels of hearsay. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Rodriguez Juarez v. Midwest Division - OPRMC, LLC, (D. Kan. 2025).

Rodriguez Juarez v. Midwest Division - OPRMC, LLC (Rodriguez Juarez v. Midwest Division - OPRMC, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Burrell v. Armijo
603 F.3d 825 (Tenth Circuit, 2010)
McDonough Power Equipment, Inc. v. Greenwood
464 U.S. 548 (Supreme Court, 1984)
Blanchard v. Bergeron
489 U.S. 87 (Supreme Court, 1989)
Hazen Paper Co. v. Biggins
507 U.S. 604 (Supreme Court, 1993)
United States v. Smalls
605 F.3d 765 (Tenth Circuit, 2010)
Unit Drilling Co. v. Enron Oil & Gas Co.
108 F.3d 1186 (Tenth Circuit, 1997)
Sussman v. Patterson
108 F.3d 1206 (Tenth Circuit, 1997)
Case v. Unified School District No. 233
157 F.3d 1243 (Tenth Circuit, 1998)
Robinson v. City of Edmond
160 F.3d 1275 (Tenth Circuit, 1998)
Baty v. Willamette Industries, Inc.
172 F.3d 1232 (Tenth Circuit, 1999)
Flitton v. Primary Residential Mortgage, Inc.
614 F.3d 1173 (Tenth Circuit, 2010)
Johnson v. City of Tulsa
489 F.3d 1089 (Tenth Circuit, 2007)
Anchondo v. Anderson, Crenshaw & Associates, L.L.C.
616 F.3d 1098 (Tenth Circuit, 2010)
White v. Conoco
710 F.2d 1442 (Tenth Circuit, 1983)
Candi Ryder v. The City of Topeka and Michael Meyer
814 F.2d 1412 (Tenth Circuit, 1987)