Nyman v. F.D.I.C.

• Citation: 967 F.Supp. 1562
• Decision Date: 07 May 1997
• Docket Number: Civil Action No. 92-2711.
• Parties: Massoumeh G. NYMAN, Plaintiff, v. Chairman, FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.
• Court: U.S. District Court — District of Columbia

967 F.Supp. 1562

Massoumeh G. NYMAN, Plaintiff, v. Chairman, FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.

Civil Action No. 92-2711.

United States District Court, District of Columbia.

May 7, 1997.

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James Harold Heller, Richard Salzman, Douglas B. Huron, Heller, Huron, Chertkof, Lerner, Washington, DC, for plaintiff.

John Oliver Birch, Richard Neal Reback, U.S. Attorney's Office, Washington, DC, for defendant.

AMENDED MEMORANDUM OPINION AND ORDER

URBINA, District Judge.

Denying Defendant's Motion for Judgment as a Matter of Law or, in the alternative, for a New Trial; Granting Defendant's Motion for a Remittitur; Concluding that Plaintiff was not Entitled to a Jury Trial on her Equal Pay Act Claim; Finding for Plaintiff on Her Equal Pay Act Claim; Finding for the Defendant on Plaintiff's 1990 Gender Discrimination Claim; Entering a Remedial Order; and Scheduling a Status/Settlement Conference¹

I. Introduction

This matter comes before the court upon defendant's motion for judgment as a matter of law or, in the alternative, for a new trial. The defendant also moves for a remittitur. There are five issues the court must address. First, the court must determine whether certain of the court's evidentiary rulings warrant the granting of defendant's motion for judgment as a matter of law or, in the alternative. for a new trial. Second, the court must decide whether the evidence introduced at trial is sufficient to sustain a damage award of $300.000. Third, is the issue of whether the plaintiff was entitled to a jury trial on her Equal Pay Act claim. If not, the court must render its findings of fact and conclusions of law as to this claim. Fourth, the court must issue its findings of fact and conclusions of law vis-a-vis plaintiff's 1990 Title VII discrimination claim. Finally, the court will enter a remedial order.

For the reasons more fully discussed below, the court concludes that the challenged evidentiary rulings do not warrant the granting of the defendant's motion. The court further concludes that the damage award cannot stand. Accordingly, plaintiff will have to elect between accepting a remittitur from the $300,000 damage award to $175,000 or having a new trial on the issue of damages. The court further holds that plaintiff was not entitled to a jury trial on her Equal Pay Act claim. Consequently, the jury's verdict as to this claim is only advisory. The court, however, finds for the plaintiff on this claim. As to plaintiff's 1990 discrimination claim, the court finds for the defendant.

II. Background

Ms. Massoumeh G. Nyman (Ms. Nyman) is a U.S. citizen of Iranian origin. Since 1977 she has worked for the Federal Deposit Insurance Corporation (FDIC). In 1985 she became Chief of the Call Reports Analysis Unit, one of two units in the Bank Financial Reporting Section at the FDIC. Her grade is GG-14. Ms. Nyman's unit is responsible for processing call reports, which are financial statements that thousands of federally insured banks are legally required to file with the FDIC on a quarterly basis. These reports contain information that permit the FDIC to monitor the banks.

The jury in this case entertained four claims. First, Ms. Nyman claimed that beginning in 1992, she was subjected to retaliation after she complained about discrimination in violation of Title VII; second, she claimed that she was paid less than her male counterparts because of her gender in violation of Title VII; third, she claimed that the FDIC violated the Equal Pay Act by denying her equal pay for work that was substantially equal to that of male supervisors; and lastly, Ms. Nyman claimed that she was unlawfully denied a promotion to Section Chief of the Financial Reporting Section, grade 15, in January 1990, in violation of Title VII.

The jury rendered a verdict finding that the FDIC had retaliated against Ms. Nyman in violation of Title VII. Specifically, the jury found that the retaliation included a refusal to upgrade Ms. Nyman's Unit to a Section and to promote her to grade 15. In addition, the jury found that Ms. Nyman was unlawfully refused a merit salary increase and that she was not removed from her supervisor Mr. Michael Hovan's chain of command in retaliation for engaging in protected activity. The jury concluded that the FDIC's discriminatory actions harmed Nyman's health and awarded her $350,000 in compensatory damages.

The jury further found that the FDIC violated the Equal Pay Act by denying Ms. Nyman equal pay for work she performed that was substantially equal to that of male supervisors who served in the Division of Supervision under Mr. Hovan. In addition, the jury found that the FDIC's failure to provide Ms. Nyman with equal pay was not the result of a good faith decision based on a reasonable belief that the FDIC was obeying the law. Finally, the jury rendered an advisory verdict in favor of the FDIC on Ms. Nyman's 1990 sex discrimination claim under Title VII.

The FDIC has moved for judgment as a matter of law or, in the alternative, for a new trial; it has also moved for a remittitur of the jury damage award. The court will address each motion seriatim. In addition, the court will render its findings of fact and conclusions of law on Ms. Nyman's Equal Pay Act claim and 1990 sex discrimination claim. Lastly, consistent with the jury's verdict on Ms. Nyman's retaliation claim, the court will enter a remedial order.

III. Motion for Judgment as a Matter of Law or, in the alternative, for a New Trial²

Pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, a motion for judgment as a matter of law may be renewed if it has been previously denied by the trial court. In considering a motion for judgment as a matter of law, the trial court, viewing the evidence in the light most favorable to the prevailing party, must consider whether "the evidence, together with all inferences that can reasonably be drawn therefrom is so one-sided that reasonable men could not disagree on the verdict." Carter v. Duncan-Huggins, Ltd., 727 F.2d 1225, 1227 (D.C.Cir. 1984); see also McNeal v. Hi-Lo Powered Scaffolding, Inc., 836 F.2d 637, 641 (D.C.Cir. 1988); Bennett Enterprises, Inc. v. Domino's Pizza. Inc., 45 F.3d 493, 497 (D.C.Cir.1995). Moreover, a post-trial motion for judgment as a matter of law may be granted only upon grounds advanced in the pre-verdict motions. U.S. Indus., Inc. v. Blake Const. Co., 671 F.2d 539, 548 (D.C.Cir.1982); see also Whelan v. Abell, 48 F.3d 1247, 1251 (D.C.Cir. 1995); Kutner Buick, Inc. v. American Motors Corp., 868 F.2d 614, 617 (3d Cir.1989) (internal citations omitted).

A motion for judgment as a matter of law should be denied unless "there can be but one reasonable conclusion drawn from the evidence viewed in the light most favorable to the [plaintiff] ..., giving [her] the advantage of every fair and reasonable inference that the evidence may justify." Metrocare v. Washington Metropolitan Area Transit Authority, 679 F.2d 922, 924-25 (D.C.Cir. 1982) (internal citation omitted). A court may neither assess witness credibility nor weigh the evidence. Mackey v. United States, 8 F.3d 826, 829 (D.C.Cir.1993) (internal citations omitted). In evaluating the evidence, the court should not decide the motion based on which side it believes has the "better of the case." Duncan-Huggins, Ltd, 727 F.2d at 1227 (citing Bohrer v. Hanes Corp., 715 F.2d 213, 218 (5th Cir.1983)). These functions are the domain of the jury. Because the granting of a Rule 50 motion intrudes upon the jury's province, Duncan-Huggins, Ltd. 727 F.2d at 1227, Rule 50 motions "should be cautiously and sparingly granted." 9 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 2524, at 541-45 (1971).

The FDIC's motion for judgment as a matter of law is not well-founded. The evidence in this case was not so one-sided that a reasonable jury could have only reached one determination: That the FDIC did not retaliate against Ms. Nyman. Ms. Nyman presented substantial evidence of retaliation. The jury heard unrebutted and damaging testimony concerning her supervisor Mr. Hovan's admonition that as a result of Ms. Nyman's complaints of discrimination she was going "to draw blood." In fact, the FDIC admitted that Mr. Hovan told an EEO counselor to advise Ms. Nyman that "if she pushes against a needle, she will draw blood." Testimony was also introduced showing that after Mr. Hovan learned of plaintiff's participation in an EEO hearing, he stated that "he was going to straighten her out." Ms. Nyman presented sufficient evidence to support the jury's finding that Mr. Hovan executed his threats. Specifically, the jury permissibly found that the retaliation included, a refusal to upgrade Ms. Nyman's Unit and to promote her, a refusal to approve a merit salary increase, and a refusal to remove Ms. Nyman from Mr. Hovan's command. The jury also found that this retaliatory conduct harmed Ms. Nyman's health.

Under Rule 59, a "new trial may be granted to all ... in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States[.]" The standard for a new trial is less onerous than the one applicable to a Rule 50 motion. Lewis v. Elliott, 628 F.Supp. 512, 516 (D.D.C.1986). A trial judge should grant a new trial if the verdict is against the weight of the evidence, damages are excessive, for other reasons the trial was not fair, or substantial errors occurred in the admission or rejection of evidence or the giving or refusal of instructions. 11 C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 2805 (1973). A new trial "should be granted only where the court is convinced the jury verdict was a `seriously erroneous result' and where denial of the motion will result in a `clear miscarriage of justice.'" Sedgwick v....