Yanmar America Corporation v. Ray Dean Farm Equipment Auction Company, Inc. et al

Filing 18

CONSENT JUDGMENT AND INJUNCTION: All claims in this action against all parties are hereby dismissed without prejudice as further set out in the judgment. Each side shall bear its own costs. This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/7/2013. (Attachments: # 1 Civil Appeals Checklist) Copies furnished to calendar group, AG. (Deadlines terminated: Final Pretrial Conference set for 2/11/2014 and Jury Trial set for 3/10/2014.)(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION

YANMAR AMERICA
CORPORATION, a Georgia
corporation,
Plaintiff,
v.
RAY DEAN FARM EQUIPMENT
AUCTION COMPANY, INC. and
RAY DEAN,
Defendants.

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) Civil Action No. 2:12-cv-00731-MHT
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CONSENT JUDGMENT AND INJUNCTION
Plaintiff Yanmar America Corporation (“Yanmar”) and Defendants Ray
Dean Farm Equipment Auction Company, Inc. (“Ray Dean Company”) and Ray
Dean, having conferred and agreed, judgment is hereby entered and Defendant Ray
Dean Company is hereby enjoined as follows:

1. Ray Dean Company shall not import or purchase from importers used
Yanmar® tractors manufactured for the local market in Japan
[“Yanmar® Japanese Local Market tractors”] or used Zen-Noh tractors
manufactured for the local market in Japan by the predecessor-in-interest

of Plaintiff’s parent company, Yanmar Company Ltd. (“YCL”) [“ZenNoh Japanese Local Market tractors”][collectively “the accused
tractors”].
2. Other than the five tractors in inventory on May 31, 2013 (models 1700,
1800, 3110, and 28D), Ray Dean Company shall not sell or offer for sale
any accused tractors;
3. Ray Dean Company shall not use any false designation of origin or false
description which can or is likely to lead the trade or public or
individuals erroneously to believe that any Yanmar® Japanese Local
Market tractor or Zen-Noh Japanese Local Market tractor originally
manufactured by the predecessor-in-interest of Yanmar’s parent
company, Yanmar Company Ltd., or any part or component thereof, has
been licensed, sponsored, approved, or authorized by or for Plaintiff;
4. Ray Dean Company shall not assist, aid, or abet any other person or
business entity in engaging in or performing any of the activities referred
to in paragraphs 1 through 3 above; and
All claims in this action against all parties are hereby dismissed without
prejudice. Each side shall bear its own costs in this dismissed action.

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Based on the consent reflected below by the signatures of counsel for the
parties, it is so ORDERED this 7th day of June, 2013. This case is closed.
/s/ Myron H. Thompson________
The Honorable Myron H. Thompson
United States District Court Judge
Respectfully submitted this 4th day of June, 2013.
/s/ James P. Pewitt
James P. Pewitt
Alabama Bar No. ASB-7646-P62J
Email: [e-mail]
Natalie A. Cox
Alabama Bar No. ASB-5184-N71C
Email: [e-mail]
JOHNSTON BARTON PROCTOR & ROSE LLP
569 Brookwood Village, Suite 901
Birmingham, Alabama 35209
Telephone: [phone]
Facsimile: [phone]
/s/ Amanda G. Hyland
Gregory G. Schultz
Georgia Bar No. 630260
[e-mail]
Steven J. Whitehead
Georgia Bar No. 755480
[e-mail]
Todd E. Jones
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Georgia Bar No. 403925
[e-mail]
Amanda G. Hyland
Georgia Bar No. 325115
[e-mail]
TAYLOR ENGLISH DUMA LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Yanmar America
Corporation

/s/ John Michael Segrest
John Michael Segrest
(ASB-8306-H58S)
[e-mail]
THE SEGREST LAW FIRM
1608-A Gilmer Avenue
Post Office Box 780791
Tallassee, AL 36078-0019
[phone]
Attorney for Defendants

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