Hemmah v. Red Wing, City of
Case Number: 0:2006cv03887
Filed: September 29, 2006
Court: US District Court for the District of Minnesota
Presiding Judge: Unassigned
Nature of Suit: Other

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Date Filed Document Text
March 22, 2010 Opinion or Order Filing 174 ORDER denying 165 MOTION to Amend/Correct Alter or Amend an Order Under Fed. R. Civ. P. 59(e), or Relief from an Order Under Fed. R. Civ. P. 60(b)(1) filed by Daniel Hemmah (Written Opinion). Signed by Judge Joan N. Ericksen on March 22, 2010. (slf)
January 20, 2010 Opinion or Order Filing 163 ORDER denying 157 Motion for Attorney Fees (Written Opinion). Signed by Judge Joan N. Ericksen on January 20, 2010. (slf)
July 10, 2009 Opinion or Order Filing 145 ORDER denying 140 Motion (Written Opinion). Signed by Judge Joan N. Ericksen on July 10, 2009. (slf)
December 30, 2008 Opinion or Order Filing 107 ORDER granting in part and denying in part 95 Motion for Judgment as a Matter of Law., IT IS ORDERED THAT:1.Defendants Motion for Judgment as a Matter of Law, or in the Alternative, for New Trial [Docket No. 95] is GRANTED IN PART and DENIED IN PAR T.2.Defendants Kay Kuhlmann and Roger Seymour are entitled to judgment as a matter of law. 3.The Judgment [Docket No. 94] is VACATED as to Kuhlmann and Seymour.4.Plaintiff Daniel Hemmahs claim for denial of a name-clearing hearing against Kuhlmann a nd Seymour is DISMISSED WITH PREJUDICE.5.Hemmah may not recover damages incurred after August 2006. The remaining damage award is remitted to $50,000. Hemmah is directed to either accept the remittitur, reducing his damage award, or ask the Co urt to schedule a new trial on the issue of damages. Hemmah shall inform the Court in writing of his decision no later than January 16, 2009. The Court will defer amending the Judgment with respect to Defendant City of Red Wing pending notification of Hemmahs position with regard to remittitur.6.To address the possibility that the portion of the Courts Order granting judgment as a matter of law could be vacated or reversed, the Court conditionally grants Defendants motion for a new trial with respect to all Defendants on the issue of damages. The Court is left with a definite and firm conviction that the jury has erred for reasons related to the sufficiency of the evidence on damages and on Defendants purported offer of a name-clearing h earing in August of 2006. The Court conditionally denies Defendants motion for a new trial with respect to all Defendants on the issues of liability and qualified immunity as the relevant facts are not sufficiently in dispute.7.Plaintiffs Motion for Attorneys Fees and Costs Under 42 U.S.C. § 1988 [Docket No. 99] remains under advisement pending notification of Hemmahs position with regard to remittitur. (Written Opinion). Signed by Judge Joan N. Ericksen on December 30, 2008. (slf)
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