Muffett v. City of Yakima

ROSANNA MALOUF PETERSON

Before the Court is the Defendant's motion for judgment as a matter of law, ECF No. 294. Oral argument was heard during the trial on July 31, 2012. The Defendant brought the motion at the close of the Plaintiff's case and sought to preclude the Plaintiff from recovering damages for lost profits and to prevent the Jury from being instructed on damages for lost profits. The Court reserved ruling on the motion, and the Defense proceeded to put on its case. The Defendant renewed the motion at the close of evidence.

Ultimately, the Jury was instructed on lost profits damages. However, the Jury returned a verdict awarding no lost profits. Because the jury awarded no lost profits, the Defendant's motion is now moot.

Accordingly, IT IS HEREBY ORDERED:

1. The Defendant's motion for judgment as a matter of law, ECF No. 294, is DENIED AS MOOT.

IT IS SO ORDERED.

The District Court Executive is hereby directed to enter this Order and to provide copies to counsel.

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ROSANNA MALOUF PETERSON

Chief United States District Court Judge