ORDER

By way of clarification, the memorandum disposition filed in this case on May 21, 2002 does not preclude the retrial and recalculation of damages. Nor is the memorandum disposition meant to provide a detailed road map for the district court on retrial. It is left to the district court’s judgment as to how best to develop a new evidentiary record that will support a damages award, whether that be through declarations, testimony, or other appropriate means.