Mayes, Larry v. City Hammond

Filing 69


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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued September 27, 2007 Decided August 28, 2008 Before WILLIAM J. BAUER, Circuit Judge KENNETH F. RIPPLE, Circuit Judge MICHAEL S. KANNE, Circuit Judge Nos. 063328, 063488 & 063563 LARRY MAYES, PlaintiffAppellee, CrossAppellant, v. CITY OF HAMMOND and MICHAEL SOLAN, DefendantsAppellants, and RAYMOND MYSZAK and FRANK DUPEY, Defendants, CrossAppellees. O R D E R These consolidated appeals were argued on September 27, 2007. Nearly six months later we granted the parties' motion to stay proceedings pending the outcome of their Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. No. 03 C 379 Paul R. Cherry, Magistrate Judge. Nos. 063328, 063488 & 063563 Page 2 settlement efforts. On June 26, 2008, the parties filed a joint motion to vacate the underlying jury verdict and judgment as a condition to the proposed settlement agreement they had reached. We issued a limited remand to the district court to allow the court to inform us if it was inclined to vacate the jury verdict and judgment. See U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (1994); Marseilles Hydro Power LLC v. Marseilles Land & Water Co., 481 F.3d 1002 (7th Cir. 2007). In response the district court issued an Opinion and Order on August 15, 2008, advising us that it is inclined to grant the joint request to vacate the jury verdict and judgment. Accordingly, the case is REMANDED to the district court for further proceedings.

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