the different divisions or subsidiaries of guitar center stores can't change the undisputed evidence about guitar center proving guitar center stores why not i  state that music and arts is a separate corporate entity capable of acting independently from the division with their thank you note sets the evidence proved testimony from s by gross revenues from that one number four point nine million dollars taken directly from steve sakwa testimony there was no other evidence to support filling in any of those other numbers my peers my partner and i could really be you know way out wrong i don't know it appeared to me that no evidence was presented derive from infringing sales that the jury should have followed undisputed evidence and written in four point nine million dollars there was no water numbers there and there was no testimony about this three thousand two hundred twenty music and arts was simply and not their name for a guitar center stores where the record would we find documentary evidence or testimony regarding the corporate structure incorporated in music and arts are the same legal entity and later on in that same transcript i think it's five  the instructions or by the district court judge in ruling on the rule fifty nine motion that we filed your honor assuming you're correct that the jury was just simply confused and didn't grab on to the undisputed evidence about division of a corporation can act independently it's not a separate legal entity there's only one corporate actor either the district court judge didn't apply that law or the district court judge himself was  s argument that the number of four point nine million is undisputed that is not accurate if you look at the appellant's initial brief which is document twel deposition exhibit nineteen it's trial exhibit thirty two trial exhibit thirty two gives a combined gross revenue of four point nine million for the retail the first for i'm sorry music in arts nine million and he referred was asked what is that based on and he said exhibit thirty two which is the exhibit that is referenced throughout all of the the briefs in this case i'm sorry your honor who are the true and correct your honor the question here is what is the connection between music and arts and guitar center and whether music in arts and guitar center are the same legal entity does not change what the jury was asked to do in this case and it does not undermine the jury's opinion even if guitar center were the only name defendant and music in arts were treated as a division it still completely possible that the jury would have to term the sales of the guitar center brand or division were infringing and the sales of the music in art center branded division were not infringing additionally the jury was not at the jury was instructed to look at the damages caused by liable defendant not each liable entity so taking a look then at why the jury's verdict makes sense why would it make sense for them to look at guitar center and music  it initially thought that music an art center was a separate individual company and then later learned that it was just a division of guitar center well regardless of whether that's true the fact remains that  pursue these two defendants of two of the four defendants as separate defendants throughout the case during the discovery in all pretrial submissions that's how they presented them to the jury and that's how the verdict form was presented and that's how the by identifying this line item on exhibit thirty two that says guitar center appellants argue well throughout we're talking talk about guitar center we're talking about the entire mc it's almost five million dollars that's what the jury really meant what it was your response company music an artist the jury heard the music and art centers the company located in friendly frederick maryland it's dedicated to serving band an orchestra in music education customers guitar center on the other end is on the other side of the country located in los angeles california it's dedicated toward serving the rock n roll type musicians and that type of audience mr zappa also testified that the two companies although acquisitions have been kept almost entirely separate to retain their own distinct brand and culture at the conclusion of the trial the jury instructions referred to the definite determining the liability of each defendant and calculating the damages attributable to each liable defendant the jury was get as you mentioned your honor the jury was provided a verdict form that listed guitar center and music and art center separately and then left lines for the jury sort of for the jury to fill in what was their profit and what was their deductible expenses there was no testimony presented no testimony or other evidence presented at trial that explain the effect or of the corporate legal relationship between music and art centers and guitar centers and although music and art centers may have been referred to as a division it's also true that music in art centers was presented as a separate dependent capable of making its own infringing sales or not infringing sales in this case throughout the trial to quote judge miller's order which is right on point no reasonable jury could think after hearing all of this evidence that after finding music in art and wo for them to indicate the amount of their profits that they calculate the jury calculated were infringing infringing sales plaintiff's counsel actually had objected to the jury form and asked that the court add a  that the jury form would enter would have four lines for the profits and or lines for the deductible expenses so plaintiff was given an opportunity to object to the jury form they objected are in a totally unrelated separate basis i just addressed up to the one point about the idea that even if music an art center is not a separate incorporated entities the evidence showed that it acted independently the idea there is that somehow a chooses to afford to risk on incorporated divisions doesn't create a separate legal entity that the division would have to incorporate to do that and in treating music an art center has an entity