Full docket text for document 324:
Docket Text Order - The briefing on the demand for jury trial has revealed a wide range of possibilities for measurement and proof of a disgorgement amount. If the Motion in Limine 319 is not granted, the parties must submit briefs on or before noon March 26, 2018 on those issues. Specifically, the parties must provide legal authority for
(1) measuring disgorgement by the amount of
- (a) taxes avoided by investors in Defendant RaPower;
- (b) gross profit of RaPower;
- (c) net profit of RaPower;
- (d) income of individual defendants from RaPower; or any other measure, and
(2) who, in the event net profit is a proper measure, bears the burden of proof on expenses RaPower incurred in its business.
Docket text only.
No attachment. Signed by Judge David Nuffer on 3/8/2018.
(ms) (Entered: 03/08/2018)