this court, which reversed and remanded on July 16, 2008. Carmona v. Southwest Airlines Co., 536 F.3d 344 (5th Cir. 2008).
On August 7, 2008, the district court set the case for jury trial in October 2008. On September 3, the district court held a hearing on the remainder of Southwest’s motion for summary judgment and denied the motion. At this hearing, Carmona stated that he was ready to proceed to trial immediately and declined the district court’s invitation to engage in additional discovery. On September 25, 2008, the court reset the trial to begin on September 29, 2008. The district court stated that this would be necessary, because its docket was completely full in October and November. On September 28, Carmona filed a motion to compel Southwest to produce Rita Ilgen (Ilgen), one of its employees, as a witness, or, alternatively, a motion for a continuance pending Ilgen’s return from her vacation outside of subpoena range. Carmona stated that Ilgen was important to his gender discrimination claim, because Clark, the same supervisor who had terminated Carmona, had not assigned her points when she was arrested for driving under the influence. The district court denied this motion on September 29, stating that it had no room on its docket to delay the trial. The trial began as scheduled on September 29.
Southwest moved for judgment as a matter of law at the conclusion of each party’s case, arguing, inter alia, that Carmona had failed to produce sufficient evidence for a reasonable jury to find that he was an “individual with a disability” within the meaning of the ADA, that he was “qualified” to work as a flight attendant within the meaning of the ADA, or that he had been discriminated against “because of” his disability. See 42 U.S.C.A. §§