General Motors Corporation et al v. Weber
Filing
71
CONSENT JUDGMENT Signed by District Judge Lawrence P. Zatkoff. (MVer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GENERAL MOTORS CORPORATION,
a Delaware corporation, GM DE MEXICO
S. DE R.L. DE C.V., a Mexican entity, and
GM OF CANADA LTD., a Canadian entity,
Case No. 2:08-cv-12671
Hon. Lawrence P. Zatkoff
Mag. Judge Mark A. Randon
Plaintiffs,
v.
ALBERT WEBER GMBH, a German entity,
and WEBER AUTOMOTIVE CORPORATION,
a South Carolina corporation,
Defendants.
/
CONSENT JUDGMENT
Pursuant to an Opinion and Order dated June 14, 2012 (Docket # 70) (the “Summary
Judgment Order”), the Court found that GM de Mexico S. de R.L. de C.V. and GM of Canada
Ltd. (“Plaintiffs”) properly terminated the purchase orders at issue and granted Plaintiffs’
summary judgment Motion on liability regarding all of the counts in Plaintiffs’ Amended
Complaint and all of the counts in the Amended Counterclaim filed by Albert Weber GmbH and
Weber Automotive Corporation (“Defendants”).
After issuance of the Summary Judgment
Order, the sole issue remaining for trial was the amount of damages Plaintiffs could recover. A
Final Pretrial and Settlement Conference was held on August 28, 2012. At the conference,
Plaintiffs and Defendants reached a settlement that requires entry of this Consent Judgment.
Plaintiffs and Defendants have stipulated to entry of this Consent Judgment. Accordingly,
IT IS ORDERED AND ADJUDGED AS FOLLOWS:
1.
Judgment is entered in favor of Plaintiffs and against Defendants, jointly and
severally, in the amount of $5,500,000.
2.
The amount of the Judgment shall be paid as follows: $2,500,000 on or before
December 15, 2012 and $3,000,000 on or before December 15, 2013. Time is of the essence
with respect to both payments. If either payment is not made by the due date, Plaintiffs can
immediately commence actions to collect the full amount of this Consent Judgment less any
amounts already paid by Defendants.
3.
If Plaintiffs are required to take action to collect any portion of this Consent
Judgment, then this Consent Judgment shall bear interest at the rate of 5% per annum,
compounded monthly, from the date this Consent Judgment is entered until the date it is satisfied
in full.
4.
The Summary Judgment Order and this Consent Judgment resolve all claims and
counterclaims between Plaintiffs and Defendants. There shall be no right of any appeal from the
Summary Judgment Order or from this Consent Judgment.
5.
The only remaining claims are between Plaintiff General Motors Corporation,
now known as Motors Liquidation Corporation, and Weber Automotive Corporation. Those
claims have been stayed by the bankruptcy of Motors Liquidation Corporation. Accordingly,
upon entry of this Consent Judgment, the balance of this case, involving only those claims, shall
be administratively closed.
6.
The Court retains jurisdiction to enforce this Consent Judgment.
IT IS SO ORDERED.
Dated September 19, 2012
s/Lawrence P. Zatkoff
Lawrence P. Zatkoff
United States District Judge
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The parties to this action and their respective attorneys hereby stipulate to entry of the
above Consent Judgment.
HONIGMAN MILLER SCHWARTZ
AND COHN LLP
Attorneys for Plaintiffs
BROOKS WILKINS SHARKEY & TURCO PLLC
Attorneys for Defendants
By: /s/ Mark A. Stern
Mark A. Stern (P36812)
Lawrence J. Murphy (P47129)
2290 First National Building
Detroit, Michigan 48226
(313) 465-7568
mstern@honigman.com
lmurphy@honigman.com
By: /s/ Daniel N. Sharkey
Daniel N. Sharkey (P53837)
Steven M. Ribiat (P45161)
401 S. Old Woodard Ave., Suite 460
Birmingham, Michigan 48009
(248) 971-19719
sharkey@bwst-law.com
ribiat@bwst-law.com
GM DE MEXICO S. DE R.L. DE C.V.
ALBERT WEBER GMBH
By:/s/ Lawrence S. Buonomo
By: /s/ Albert Weber
Its: Global Process Leader-Litigation
General Motors Legal Staff
Its: President and CEO
GM OF CANADA LTD.
WEBER AUTOMOTIVE CORPORATION
By: /s/ Lawrence S. Buonomo
By: /s/ Albert Weber
Its: Global Process Leader-Litigation
General Motors Legal Staff
Its: President and CEO
11330222.1
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