06-3563 Larry Mayes v. CITY OF HAMMOND and MICHAEL SOLAN

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. 06‐3328, 06‐3488 & 06‐3563
LARRY MAYES,
Plaintiff‐Appellee,
Cross‐Appellant,
v.
CITY OF HAMMOND and MICHAEL
SOLAN,
Defendants‐Appellants,
and
RAYMOND MYSZAK and FRANK
DUPEY,
Defendants,
Cross‐Appellees.
Appeals from the United States District
Court for the Northern District of Indiana,
Hammond Division.
No. 03 C 379
Paul R. Cherry,
Magistrate Judge.
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
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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Nos. 06‐3328, 06‐3488 & 06‐3563 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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