Six Star Holdings LLC v. City of Milwaukee
Filing
118
DECISION AND ORDER signed by Judge Lynn Adelman on 2/19/15 granting 109 Motion for Nominal Damages. (cc: all counsel) (dm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SIX STAR HOLDINGS, LLC
and FEROL, LLC
Plaintiffs,
v.
Case No. 10-C-0893
CITY OF MILWAUKEE
Defendant.
DECISION AND ORDER
On February 19, 2015, a jury returned a verdict in favor of plaintiff Ferol LLC and
against the City of Milwaukee in the amount of $435,500 in connection with Ferol's claim
challenging the constitutionality of the City's "theater" and "public entertainment club"
ordinances. The other plaintiff in this case, Six Star Holdings, LLC, did not present evidence
at trial. However, I had previously granted summary judgment to Six Star on its claim
challenging the constitutionality of the City of Milwaukee's former theater ordinance. Although
Six Star elected not to pursue compensatory damages at trial, it is still entitled to an award of
$1.00 in nominal damages. See Carey v. Piphus, 435 U.S. 247, 266–67 (1978). The City,
however, contends that Six Star waived its right to recover nominal damages by stating in
response to the City's interrogatories and requests for admission that it will not seek damages
from the City. See ECF No. 113 and attached exhibits. But the context of the interrogatories
and requests for admission makes clear that Six Star was waiving only its claims for
compensatory damages—i.e., damages that Six Star would have to prove at trial. Accordingly,
I conclude that Six Star has not waived its right to recover nominal damages and will enter a
judgment that includes a $1.00 nominal-damages award in favor of Six Star.
For the reasons stated, IT IS ORDERED that plaintiff Six Star's motion for nominal
damages is GRANTED.
Dated at Milwaukee, Wisconsin, this 19th day of February 2015.
s/ Lynn Adelman
LYNN ADELMAN
District Judge
2
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