Triad Packaging, Inc. et al v. SupplyONE, Inc.

Filing 175

AMENDED JUDGMENT entered in accordance with the decision of the Fourth Circuit Court of Appeals affirming in part and vacating in part the 163 Judgment entered by this Court on 9/26/2013. Signed by District Judge Richard Voorhees on 3/11/2015. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL DOCKET NO. 5:10CV5-RLV

TRIAD PACKAGING, INC., and
LOUIS S. WETMORE,
Plaintiffs,

)
)
)
)
v.
)
)
SUPPLYONE, INC.,
)
Defendant / Third-Party Plaintiff,
)
)
v.
)
)
DURHAM BOX COMPANY,
)
Third-Party Defendant.
)
___________________________________ )

AMENDED JUDGMENT

THIS MATTER is before the Court upon remand from the Fourth Circuit Court of
Appeals’ January 23, 2015 decision affirming in part and vacating in part the Judgment entered
by this Court.1 (Doc. 171). More specifically, the Fourth Circuit directs that the jury’s award to
Plaintiff Louis Wetmore for “contractual damages” be vacated. Accordingly, consistent with the
Fourth Circuit opinion, the undersigned hereby vacates the jury’s verdict and award to Wetmore
in the amount of $211,363.00, and amends the Final Judgment as follows:
IT IS HEREBY ORDERED AND ADJUDGED that JUDGMENT is entered as
follows:
1) In favor of Defendant / Third-Party Plaintiff SupplyOne on its counterclaim
against Plaintiffs alleging breach of the Asset Purchase Agreement by Plaintiffs in
the amount of $332,605;
2) In favor of SupplyOne on Plaintiff Louis Wetmore’s claim alleging breach of
1

Pursuant to FED. R. APP. P. 41, the mandate issued on March 11, 2015. (Doc. 174).

the Employment Agreement, $-0-;
3) Pursuant to the Escrow Agreement, the Escrow Agent, PNC Bank, is hereby
directed to disburse the funds in escrow as follows: $123,571 to Plaintiffs and
$51,429 to Defendant SupplyOne, with any net interest or increase by investment
that has accrued to be distributed proportionately;
4) The Promissory Note is to be paid according to the Memorandum and Order of
September 26, 2013;
5) Pretrial interest shall be calculated at the statutory rate of 8% per annum from
May 30, 2009, and shall apply only to the contractual damages portion of
SupplyOne’s award (Defendant: $332,605); and
6) The parties shall each bear their own costs.

Signed: March 11, 2015

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