USA v. Burlington Industries, Inc.

Filing 3

ORDER TERMINATING FINAL JUDGMENT granting 1 Motion. Accordingly, it is hereby: ORDERED, ADJUDGED, AND DECREED that said final judgment is hereby terminated. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Vernon S. Broderick on 1/8/2021) (rro)

Case 1:20-mc-00783-VSB Document 3 Filed 01/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
UNITED STATES OF AMERICA,
:
:
Plaintiff,
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:
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-against:
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BURLINGTON INDUSTRIES, INC.,
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Defendant. :
:
X
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1/8/2021

20-mc-783 (VSB)
(Originally Civil Action No. 64-3090)
ORDER TERMINATING FINAL
JUDGMENT

VERNON S. BRODERICK, United States District Judge:
The Court having received the motion of plaintiff United States of America for
termination of the final judgment entered in the above-captioned case, and the Court having
considered all papers filed in connection with this motion,
WHEREAS, Federal Rule of Civil Procedure 60(b)(5) and 60(b)(6) provide “[o]n motion
and just terms, the court may relieve a party . . . from a final judgment . . . (5) [when] applying it
prospectively is no longer equitable; or (6) for any other reason that justifies relief.” Fed. R. Civ.
P. 60(b)(5)–(6);
WHEREAS, the sole corporate defendant’s successor entity has no objection to
terminating the judgment, (Doc. 1-4 ¶ 6);
WHEREAS, the United States has provided adequate notice to the public regarding its
intent to seek termination of the judgment;
WHEREAS, based on the foregoing, the Court deems that terminating the antitrust
judgment is consistent with the public interest. See United States v. Western Elec. Co., 993 F.2d
1572, 1577 (D.C. Cir. 1993) (a court “may reject an uncontested termination only if it has

Case 1:20-mc-00783-VSB Document 3 Filed 01/08/21 Page 2 of 2

exceptional confidence that adverse antitrust consequences will result”). Accordingly, it is
hereby:
ORDERED, ADJUDGED, AND DECREED that said final judgment is hereby
terminated. The Clerk of Court is respectfully directed to close this case.
SO ORDERED.
Dated: January 8, 2021
New York, New York
______________________
Vernon S. Broderick
United States District Judge