NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WORLDWIDE SUBSIDY GROUP, LLC, a Texas limited liability company,

Plaintiff

- Appellant,

v. FEDERATION INTERNATIONAL DE FOOTBALL ASSOCIATION,

Defendant

- Appellee. No. 18

- 56033
D.C. No. 2:14

- cv - 00013

- AB

- JC

MEMORANDUM *

Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding
Submitted May 20, 2019 ** San Francisco, California Before: BERZON, CHRISTEN, and NGUYEN, Circuit Judges. Worldwide Subsidy Group, LLC (“Worldwide”) alleges it previously
entered into a contract with Fédération Internationale de Football Association ( “ FIFA ” ) to pursue copyright retransmission royalties on its behalf, and that FIFA

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUN 10 2019 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2

has breached that contract. FIFA insists no contract exists. After this panel reversed the district court’s dismissal on jurisdictional grounds, a j ury agreed with FIFA. Worldwide moved for judgment as a matter of law or, in the alternative, a new trial, relying on this court’s previous disposition. The district court denied those motions. Worldwide now appeals the district court’s denial of those mot ions, as well as its pre

- trial denial of Worldwide’s motion in limine to exclude evidence of its sole witness’s prior criminal conviction. We affirm.
1. At trial Worldwide had the burden to prove that it had entered into a

contract. See, e.g. , Wells Fargo & Co. v. Wells Fargo Express Co. , 556 F.2d 406, 430 n.24 (9th Cir. 1977). And t his court has been clear that “[ p ] retrial rulings, often based on incomplete information, don’t bind district judges for the remainder of the case.” Peralta v. Dillard, 744 F.3d 1076, 1088 (9th Cir. 2014). Contrary to Worldwide’s assertion, in contract cases like this one we do not employ the
burden

- shifting framework set forth in McDonnell Douglas Corp. v. Green , 411 U.S. 792 (1973) . Accordingly, FIFA was not , as Worldwi de contended, required to prove the absence of a contract at trial due to our previous holding that Worldwide had “made a prima facie showing of an enforceable contract

. ” Worldwide Subsidy Grp., LLC v. Fed ’ n Internationale De Football Ass’n , 675 F. App ’ x 6 82, 684 (9th Cir. 2017)

. Because Worldwide’s argument is entirely premised on the burden

-3

shifting framework, it presents no persuasive argument for judgment as a matter of
law or for a new trial.
2. In balancing the probative value of Worldwide’s witness’s prior conviction for mail fraud agai n st that evidence’s prejudicial effect , as required by Federal Rule of Evidence 609(b) , the district court properly considered five
relevant factors identified by this circuit

. See United States v. Hursh , 217 F.3d 761, 768 (9th Cir. 2000)

. A ll five of the se factors could reasonably be viewed as counseling for the conviction’s admiss ibility , so the district court did not abuse its
discretion in denying Worldwide’s motion in limine

. AFFIRMED.