Six Star Holdings LLC v. City of Milwaukee, No. 2:2010cv00893 - Document 118 (E.D. Wis. 2015)
Court Description: DECISION AND ORDER signed by Judge Lynn Adelman on 2/19/15 granting 109 Motion for Nominal Damages. (cc: all counsel) (dm)
Download PDF
<![CDATA[
Six Star Holdings LLC v. City of Milwaukee Doc. 118 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. Dockets.Justia.com 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
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
