USA v. Stevenson, Jordan & Harrison, Inc. et al, No. 1:2020mc00090 - Document 3 (S.D.N.Y. 2021)

Court Description: ORDER TERMINATING FINAL JUDGMENT: terminating 1 Motion for Terminating Final Judgment re: 1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION To Terminate A Legacy Antitrust Judgment. It is hereby ORDERED, ADJUDGED, AND DECREED that the said final judgment is hereby terminated. The Clerk of Court is respectfully directed to terminate the motion, Doc. 1, and to close the case. (Signed by Judge Edgardo Ramos on 12/10/2021) (ama)

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USA v. Stevenson, Jordan & Harrison, Inc. et al Doc. 3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, v. No.: 20 Misc. 90 (ER) STEVENSON, JORDAN AND HARRISON, INC., ET AL., Defendants. ORDER TERMINATING FINAL JUDGMENT WHEREAS, the Court has received the motion of Plaintiff, United States of America, for termination of the final judgment entered in the above-captioned case, and the Court has considered all papers filed in connection with this motion; and WHEREAS, Federal Rule of Civil Procedure 60(b)(5) provides that “[o]n motion and just terms, the court may relieve a party . . . from a final judgment . . . [when] applying it prospectively is no longer equitable.” Fed. R. Civ. P. 60(b)(5); and WHEREAS, the sole corporate defendant appears to no longer exist based on a search of corporate records with the New York Department of State Division of Corporations and other publicly available records. Doc. 1-4 ¶¶ 5-7; and WHEREAS, the United States has provided adequate notice to the public regarding its intention to seek termination of the judgment; and 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 modification only if it Dockets.Justia.com has exceptional confidence that adverse antitrust consequences will result”); It is hereby ORDERED, ADJUDGED, AND DECREED that the said final judgment is hereby terminated. The Clerk of Court is respectfully directed to terminate the motion, Doc. 1, and to close the case. Dated: December 10, 2021 New York, New York ___________________________ Edgardo Ramos, U.S.D.J.

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