Global Digital Solutions Inc (GDSI)

[Coreton]

DE 207. Clarification on Specific Performance with Incidental Damages is GRANTED

Accordingly, it is hereby ORDERED and ADJUDGED that:
1. Plaintiff's Motion for Judgment as a Matter of Law (DE 205), which I have reclassified as a Motion for Clarification, is GRANTED to the extent discussed above. Specifically, I find that: .

a. Given the facts of this case, specific performance is an available remedy for Defendants' breach of the Agreement.

b. Plaintiff may obtain both the remedy of specific performance and incidental damages in the form of an offset in purchase price based on unpaid tax liability.

2. Plaintiff is ordered to file a status report by 12:00 pm on March 2, 2020 stating whether, given my rulings in this Order, a hearing on March 4, 2020 is necessary. Specifically, Plaintiff should discuss its efforts to obtain information on Rontan Company's outstanding tax liability, and, if additional time is needed to locate the necessary information, Plaintiff should indicate when it expects to be ready to proceed to a hearing on damages.

SIGNED in Chambers at West Palm Beach, Florida, this 28 day of February, 2020. DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE