tracy: big open question now still is, jcpenney still might owe macy's lee fees and stuff, right? , absolutely. tracy: we don't know the amount? >> the amount, is to be determined by the judge, right? but i would think that if you steal somebody's property, you're going to have to pay a huge amount of money and that is what happened here. ashley: gregg, we know ron johnson make a mistake here but didn't someone look at the case to go ahead and take it to court? surely they would have cut their losses? >> i would think lawyers involved in this whole thing and board of directors would have taken a look at this thing, hey, wait a minute, this doesn't make sense. let's get rid of this. let's pay some people some money. ashley: right. >> but they didn't do it. and so it has gone all the way to, and this is the classic case of, lawyers getting scared because it is not a jury. it is a judge. and the judge said, you better fix this thing or i'm going to hammer you. >> yeah. >> so the lawyers got a case of the for-reels, they said, all right, we better settle this. tracy: either way they're