Airey v. A.O. Smith Water Products Co. et al

Filing 79

ORDER granting Ore Tenus Motion to Dismiss with prejudice CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation. Signed by District Judge Louis Guirola, Jr., on 5/1/2018. (BR)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION BEATRICE H. AIREY, Individually and on behalf of the Estate and Wrongful Death Beneficiaries of Albert J. Airey, Deceased v. PLAINTIFF CAUSE NO. 1:16cv317-LG-RHW A.O. SMITH WATER PRODUCTS CO., a division of A.O. Smith Corp.; et al. DEFENDANTS AGREED ORDER OF DISMISSAL WITH PREJUDICE AS TO CBS CORPORATION This cause this day came on for hearing on motion ore tenus of Plaintiff, Beatrice H. Airey, Individually and on Behalf of the Estate and Wrongful Death Beneficiaries of Albert J. Airey, Deceased, to dismiss with prejudice CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation, and the Court, being fully advised of the facts and circumstances of this matter, is of the opinion that such motion should be granted. IT IS, THEREFORE, ORDERED AND ADJUDGED that CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation is hereby dismissed with prejudice from the claims of Plaintiff, Beatrice H. Airey, Individually and on Behalf of the Estate and Wrongful Death Beneficiaries of Albert J. Airey, Deceased, with each party to bear its own costs. IT IS FURTHER ORDERED AND ADJUDGED that this dismissal is effective solely with regard to the claims of Plaintiff, Beatrice H. Airey, Individually and on Behalf of the Estate and Wrongful Death Beneficiaries of Albert J. Airey, Deceased, against CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation and does not affect the rights of any other parties to this action. SO ORDERED AND ADJUDGED this the 1st day of May, 2018. s/ Louis Guirola, Jr. Louis Guirola, Jr. United States District Judge APPROVED AND AGREED: /s/ James “Lee” Farragut, III James L. Farragut, III (MSB #104496) Farragut Law Firm, LLC P.O. Box 1543 Pascagoula, MS 39568 FarragutLawFirm@hotmail.com Attorney for Plaintiff Beatrice H. Airey, Individually and on Behalf of the Estate of Wrongful Death Beneficiaries of Albert J. Airey, Deceased /s/ Rose Marie Wade Rose Marie Wade, Esq. (MSB No. 100904) EVERT WEATHERSBY HOUFF 3455 Peachtree Road NE, Suite 1550 Atlanta, Georgia 30326 (678) 651-1200 rmwade@ewhlaw.com Attorney for CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation -2-

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