ATA AIRLINES, INC. v. FEDERAL EXPRESS CORPORATION, No. 1:2008cv00785 - Document 244 (S.D. Ind. 2011)

Court Description: AMENDED FINAL JUDGMENT. Signed by Judge Richard L. Young on 1/25/2011.(PG)

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ATA AIRLINES, INC. v. FEDERAL EXPRESS CORPORATION Doc. 244 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ATA AIRLINES, INC., Plaintiff, vs. FEDERAL EXPRESS CORP., Defendant. ) ) ) ) ) ) ) 1:08-cv-0785-RLY-DML AMENDED FINAL JUDGMENT On October 19, 2010, the jury returned a verdict in this case in favor of the plaintiff, ATA Airlines, Inc. (“ATA”), and against the defendant, Federal Express Corporation (“FedEx”). The court accepted that verdict, and, on October 21, 2010, the Clerk issued a “Judgment in a Civil Case” (the “Judgment”). Because the Judgment lacked terms necessary to make the Judgment final, the court now enters this Amended Final Judgment as set forth below. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that: 1. Judgment is entered on the jury’s verdict for ATA and against FedEx; 2. ATA shall recover from FedEx compensatory damages in lost profits of $21,999,470.00 for government fiscal year 2008, and $43,998,941.00 for government fiscal year 2009, for a total of $65,998,411.00 in compensatory damages. 3. ATA shall recover from FedEx a prejudgment interest rate of 3.25% per 1 Dockets.Justia.com annum, simple interest, as follows: a. The sum of $5,326,132.03, representing: (i) interest from April 3, 2008, until January 24, 2011, on the jury’s fiscal year 2008 damages award; and (ii) interest from October 1, 2008, until January 24, 2011, on the jury’s fiscal year 2009 damages award; and b. Additional prejudgment interest at the rate of $1,958.86 per day on the jury’s fiscal year 2008 damages award; and $3,917.71 per day on the jury’s fiscal year 2009 damages award, until the day before the entry of this Amended Final Judgment as provided by law. 4. Judgment is entered for ATA and against FedEx in the amount of $71,324,543.03, which sum is made up of the following amounts: (i) $65,998,411.00 in compensatory damages as identified above; (ii) $5,326,132.03 in prejudgment interest on the award of the compensatory damages as calculated above; and (iii) the additional per diem interest noted above as accruing from January 24, 2011, until the day before the entry of this Amended Final Judgment. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all court costs are hereby taxed against FedEx and that ATA shall recover court costs as provided by law. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that ATA is entitled to post-judgment interest on the entire judgment, including compensatory 2 damages, prejudgment interest, and court costs, at the rate of 0.27% per annum, compounded annually, as provided by law. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all writs and processes for enforcement and collection of this judgment or the costs of court may issue as necessary. SO ORDERED this 25th day of January 2011. __________________________________ RICHARD L. YOUNG, CHIEF JUDGE RICHARD L. YOUNG, CHIEF JUDGE United States District Court United States District Court Southern District of Indiana Southern District of Indiana Laura Briggs, Clerk United States District Court ______________________ By: Deputy Clerk Electronic Copies to: Peter D. Blumberg FEDERAL EXPRESS CORPORATION peter.blumberg@fedex.com Kenneth E. Broughton HAYNES AND BOONE, LLP kenneth.broughton@haynesboone.com 3 Michael E. Gabel FEDEX LEGAL DEPARTMENT megabel@fedex.com M. Kimberly Hodges FEDEX LEGAL DEPARTMENT kim.hodges@fedex.com John David Hoover HOOVER HULL LLP jdhoover@hooverhull.com Don R. Hostetler HOOVER HULL LLP dhostetler@hooverhull.com Thomas E. Kurth HAYNES AND BOONE, LLP thomas.kurth@haynesboone.com Alice McKenzie Morical HOOVER HULL LLP amorical@hooverhull.com George E. Purdy BOSE MCKINNEY & EVANS, LLP gpurdy@boselaw.com Robert R. Ross FEDERAL EXPRESS CORPORATION rrross@fedex.com W. Alan Wright HAYNES AND BOONE, LLP alan.wright@haynesboone.com 4

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