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, )

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  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. ) ) ) ) ) ) ) Civil Action No. 2:12-cv-00731-MHT ) (WO) ) ) ) ) ) ) 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. 2     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: jpp@johnstonbarton.com Natalie A. Cox Alabama Bar No. ASB-5184-N71C Email: nac@johnstonbarton.com JOHNSTON BARTON PROCTOR & ROSE LLP 569 Brookwood Village, Suite 901 Birmingham, Alabama 35209 Telephone: (205) 458-9400 Facsimile: (205) 458-9500 /s/ Amanda G. Hyland Gregory G. Schultz Georgia Bar No. 630260 gschultz@taylorenglish.com Steven J. Whitehead Georgia Bar No. 755480 swhitehead@taylorenglish.com Todd E. Jones 3     Georgia Bar No. 403925 tjones@taylorenglish.com Amanda G. Hyland Georgia Bar No. 325115 ahyland@taylorenglish.com TAYLOR ENGLISH DUMA LLP 1600 Parkwood Circle, Suite 400 Atlanta, Georgia 30339 Telephone: (770) 434-6868 Facsimile: (770) 434-7376 Attorneys for Plaintiff Yanmar America Corporation /s/ John Michael Segrest John Michael Segrest (ASB-8306-H58S) mike.segrest@segrestlaw.com THE SEGREST LAW FIRM 1608-A Gilmer Avenue Post Office Box 780791 Tallassee, AL 36078-0019 (334) 252-0036 Attorney for Defendants 4  

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