Eclipse Packaging, Inc., dba Flexsol Packaging v. Stewarts of America, Inc. et al

Filing 61

FINAL JUDGMENT for plaintiff in amount of $358,184.01; further ordered that plf be entitled to recover from dft (1) costs in this action, (2) pre-jgmt interest pursuant to NCGS 24-1, 24-5(b) and applicable law, and (3) post-jgmt interest pursuant to 28 USC 1961 and applicable law. Signed by District Judge Richard Voorhees on 5/11/2016. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-00195-RLV-DCK
ECLIPSE PACKAGING, INC., D/B/A
FLEXSOL PACKAGING,
Plaintiff,
v.
STEWARTS OF AMERICA, INC.,

Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

FINAL JUDGMENT

THIS ACTION HAVING COME BEFORE THE COURT, the Honorable Richard L.
Voorhees, United States District Judge, presiding, by way of a jury trial held May 3, 2016 through
May 5, 2016; as to COUNT I – BREACH OF EXPRESS WARRANTY; COUNT II – BREACH
OF IMPLIED WARRANTY OF MERCHANTABILITY; and COUNT III – BREACH OF
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; and such claims
having been submitted to the Jury for its consideration and decision, and the Jury having reached
its VERDICT concerning the same,
IT IS ORDERED AND ADJUDGED that Judgment is hereby ENTERED in favor of
Plaintiff, Eclipse Packaging, Inc., doing business as Flexsol Packaging (the “Plaintiff”), and
against Defendant, Stewarts of America, Inc. (the “Defendant”), in the amount of FIVEHUNDRED AND SIXTY-THREE THOUSAND AND ONE-HUNDRED AND EIGHTYFOUR DOLLARS AND ONE CENT ($563,184.01) in money damages;

-1-

IT IS FURTHER ORDERED AND ADJUDGED that the award of money damages be
set-off by the amount of SEVENTY-TWO THOUSAND AND FIVE-HUNDRED DOLLARS
AND ZERO CENTS ($72,500.00), that amount representing a credit to the Defendant for the
Plaintiff’s failure to mitigate its damages;
IT IS FURTHER ORDERED AND ADJUDGED that the award of money damages be
further set-off by the amount of ONE-HUNDRED AND THIRTY-TWO THOUSAND AND
FIVE-HUNDRED DOLLARS AND ZERO CENTS ($132,500.00), that amount representing a
credit to the Defendant for the settlement between Plaintiff and former-defendant Industrial Brush
Co., Inc.;
IT IS FURTHER ORDERED AND ADJUDGED that, after all aforementioned set-offs
and credits, the Plaintiff shall recover money damages from the Defendant in the amount of
THREE-HUNDRED AND FIFTY-EIGHT THOUSAND AND ONE-HUNDRED AND
EIGHTY-FOUR DOLLARS AND ONE CENT ($358,184.01);
IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff be entitled to recover
from the Defendant: (1) its costs in this action; (2) pre-judgment interest, pursuant to N. C. Gen
Stat. §§ 24-1, 24-5(b) and applicable law; and (3) post-judgment interest, pursuant to 28 U.S.C. §
1961 and applicable law.
SO ORDERED.
Signed: May 11, 2016

-2-