Trendsettah USA, Inc. et al vs- Swisher International Inc

Filing 216

JUDGMENT by Judge James V. Selna: 1. Judgment is entered in favor of Plaintiffs and against Defendant on all of Plaintiffs' claims so tried before the jury; 2. As to Plaintiffs' claim for violation of Florida Antitrust Law, Fla. Stat. § ; 542.19, judgment is entered in favor of Defendant and against Plaintiffs; 3. Pursuant to a stipulation made on the record by the parties, because the amount of the antitrust damages exceeds the amount of the contract damages awarded by the jury, th e contract damages are reduced to zero; 4. Plaintiffs shall recover the antitrust damages awarded by the jury, which is automatically trebled to $44,446,482.00 pursuant to Section 4 of the Clayton Act, 15 U.S.C. § 15(a); and 5. Post-judgmen t interest shall run on this judgment in accordance with 28 U.S.C. § 1961. 6. As the prevailing parties, Plaintiffs shall recover their costs and reasonable attorney fees from Defendant to the extent ordered by the Court. (MD JS-6, Case Terminated). (mt)

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AKERMAN LLP
JOSHUA R. MANDELL (SBN 225269)
Email: [e-mail]
725 South Figueroa Street, 38th Floor
Los Angeles, California 90017-5438
Telephone: [phone]
Facsimile: [phone]

JS-6

MICHAEL C. MARSH (admitted pro hac vice)
Email: [e-mail]
RYAN ROMAN (admitted pro hac vice)
Email: [e-mail]
One Southeast Third Avenue, 25th Floor
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
SWISHER INTERNATIONAL, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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TRENDSETTAH USA, INC. and
TREND SETTAH, INC.

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Plaintiffs,

Case No. 8:14-CV-01664-JVS (DFMx)
JUDGMENT

v.
SWISHER INTERNATIONAL,
INC.
Defendant.

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{38072451;1}

[PROPOSED] JUDGMENT
CASE NO. 8:14-CV-01664-JVS (DFMX)

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This action came on for trial on March 15, 2016, in Courtroom 10C of the

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above-entitled Court, the Honorable James V. Selna, United States District Judge,

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presiding. Plaintiffs Trendsettah USA, Inc. and Trend Settah, Inc. (“Plaintiffs”)

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appeared by their attorneys, Mark Poe, Randolph Gaw, and Victor Meng of Gaw | Poe

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LLP, and Defendant Swisher International, Inc. (“Defendant”) appeared by its

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attorneys, Michael Marsh, Ryan Roman, Kimberly Lopez, and Jennifer Glasser of

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Akerman, LLP.

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A jury of seven persons was impaneled and sworn to try the action. After an
eight-day trial and after deliberations, the jury returned a Special Verdict in favor of

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Plaintiffs Trendsettah USA, Inc. and Trend Settah, Inc. (“Plaintiffs”), and against

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Defendant Swisher International, Inc. (“Defendant”), on each of the four causes of

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action tried: (1) breach of contract; (2) breach of the covenant of good faith and fair

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dealing; (3) violation of Section 2 of the Sherman Act by creating or maintaining a

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monopoly through anti-competitive practices; and (4) violation of Section 2 of the

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Sherman Act by attempting to create or maintain a monopoly through anti-competitive

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practices. On Plaintiffs’ claims for breach of contract and breach of the covenant of

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good faith and fair dealing, the jury awarded $9,062,679.00. On Plaintiffs’ claims for

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monopoly and attempted monopoly under Section 2 of the Sherman Act, the jury

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awarded $14,815,494.00. The contents of the jury’s Special Verdict, which was filed

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on March 30, 2016, is hereby incorporated by reference as if set forth fully herein.

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Based upon the jury’s Special Verdict, the Court NOW ENTERS JUDGMENT
AS FOLLOWS:
1.

Judgment is entered in favor of Plaintiffs and against Defendant on all of

Plaintiffs’ claims so tried before the jury;
2.

As to Plaintiffs’ claim for violation of Florida Antitrust Law, Fla. Stat. §

542.19, judgment is entered in favor of Defendant and against Plaintiffs;

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{38072451;1}

-1[PROPOSED] JUDGMENT
CASE NO. 8:14-CV-01664-JVS (DFMX)

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3.

Pursuant to a stipulation made on the record by the parties, because the

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amount of the antitrust damages exceeds the amount of the contract damages awarded

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by the jury, the contract damages are reduced to zero;

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4.

Plaintiffs shall recover the antitrust damages awarded by the jury, which

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is automatically trebled to $44,446,482.00 pursuant to Section 4 of the Clayton Act,

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15 U.S.C. § 15(a); and

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5.

Post-judgment interest shall run on this judgment in accordance with

28 U.S.C. § 1961.
6.

As the prevailing parties, Plaintiffs shall recover their costs and

reasonable attorney fees from Defendant to the extent ordered by the Court.

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IT IS SO ORDERED.

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Dated: April 14, 2016

_________________________________
Hon. James V. Selna
United States District Court Judge

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{38072451;1}

-2[PROPOSED] JUDGMENT
CASE NO. 8:14-CV-01664-JVS (DFMX)