Lana Perez v. Saks Fifth Avenue, Inc.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 21, 2010
JOHN LEY
ACTING CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-10574
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D. C. Docket No. 07-21794-CV-KMM
LANA PEREZ,
ELENA LEFFLER,
Plaintiffs-Appellants
Cross- Appellees,
versus
SAKS FIFTH AVENUE, INC.,
a foreign corporation,
doing business in Florida,
Defendant-Appellee
Cross-Appellants.
________________________
Appeals from the United States District Court
for the Southern District of Florida
_________________________
(January 21, 2010)

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Before WILSON and COX, Circuit Judges and RESTANI, Judge.*
PER CURIAM:
The district judge, in a well-reasoned order, granted Saks Fifth Avenue,
Inc.’s renewed motion for judgment as a matter of law pursuant to Federal Rule of
Civil Procedure 50(b). He found that the judgment was warranted because “no
reasonable juror could conclude that in taking adverse employment action against
Plaintiffs, Phelan acted as a mere [conduit] for Terbecki or Salerno’s age animus or
retaliatory motives.” Perez v. Saks Fifth Avenue, Inc., 592 F. Supp. 2d 1388,
1399–1400 (S.D. Fla. 2009). We have carefully reviewed the record and the
court’s order, and we conclude that the court properly granted judgment as a matter
of law. We therefore affirm the judgment of the district court. As a result, Saks’s
conditional cross-appeal from the denial of its alternative motion for new trial
pursuant to Federal Rules of Civil Procedure 50(b) and 59(a) is moot.
AFFIRMED.
Honorable Jane A. Restani, Chief Judge, United States Court of International Trade,*
sitting by designation.
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