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- vaed;;3:16-cv-00545_de1897 RegisterActionDate "2018-10-05" @default.
- vaed;;3:16-cv-00545_de1897 RegisterActionDescriptionText "ORDER that the jury's verdict (ECF No. 1022 ) on COUNT ONE found that JELD-WEN, Inc. had violated Section 7 of the Clayton Act and awarded antitrust damages to C890D0F or F2978B9 and Sons, Inc. in the amount of $58,632,454.00 (which when trebled is $175,897,362.00), and, the jury's verdict on COUNT TWO awarded breach of contract damages to the plaintiff in the amount of $9,933,602.00, and the Court has held that divestiture is an appropriate remedy in a decision that, under Brown Shoe Co. v. United States, 370 U.S. 294 (1962), may be appealed, even though divestiture, if affirmed as a proper remedy, will occur after appeal. C890D0F or F2978B9 and Sons, Inc., by counsel, has agreed that it is not entitled to both remedies. JELD-WEN, Inc. has represented that it intends to appeal the jury's verdict and the divestiture order. The rather unusual circumstances of this case (the award of a monetary remedy for the antitrust violation and the grant of the equitable remedy of divestiture that is amenable to appeal before it is implemented) raises the issue how to formulate a judgment order that permits appeal of the jury's verdict and the divestiture order, but that assures that there will be no double recovery, while preserving the right to recover the monetary award (if affirmed on appeal) if the divestiture order is not affirmed on appeal. The views of the parties will be helpful to the formulation of an appropriate judgment order, and, therefore, it is hereby ORDERED that the briefing will proceed on the following schedule: Plaintiff's Opening Brief: October 16, 2018; Defendant's Response Brief: October 30, 2018; and, Plaintiff's Reply Brief: November 7, 2018. Attached hereto are drafts of a monetary judgment order and a divestiture order for consideration by counsel when preparing their briefs. Neither Order will be entered until after the parties' views have been considered. It is so ORDERED. Signed by District Judge Robert E. Payne on 10/05/2018. (Attachments: # 1 Draft Monetary Judgment Order and # 2 Draft Order of Divestiture Related Conduct Remedies). (walk, ) (Entered: 10/05/2018)" @default.
- vaed;;3:16-cv-00545_de1897 AdministrativeID "1786" @default.
- vaed;;3:16-cv-00545_de1897 OntologyLabel order @default.
- vaed;;3:16-cv-00545_de1897 hasReferenceToOtherEntry vaed;;3:16-cv-00545_de1087 @default.