XpresSpa Group Inc (XSPA)

[Kri8]

But what numbers Vrng should use? HJJ ordered Goog to show the rev. numbers for that period and asked Vrng to do calcs based off that. OK..this is all fine but what Base/Rate Vrng should apply while doing the calcs? Can they come up with their own numbers or they supposed to use 3.5/20.9 or 3.5/2.09? Some are saying 3.5/20.9 is implied. If that is the case it's fine. But, some others are saying, there are no numbers mentioned specifically in the ruling. In that case, what should Vrng do? For me, if Vrng has to go ahead with calcs with no idea whatsoever about Rate/Base, then it is NOT judicial efficiency in anyway.

HJJ was supposed to decide what Base/Rate to be used based on Vrng and Goog's earlier arguments in previous motions but NOT after Vrng and Goog submit their numbers/calcs (in the next 3 weeks) coz they are just going to provide numbers NOT arguments as to which Base/Rate is the appropriate one. If he couldn't decide what Base/Rate to be used after all their earlier motions, how can he decide now just looking at the calcs.

Earlier i was in 2 minds too, but IMO HJJ implied 3.5/20.9 in his 960 ruling.