Summary
In Guilbeau v. United States, 288 Fed. 731 (5th C.C.A.), where the charge was of an unlawful sale of certain derivatives and salts of opium, to wit, four grains of morphine sulphate, the evidence showed the sale of morphine hydrochloride.
Summary of this case from McIntosh v. United StatesOpinion
CIVIL ACTION NO. 09-740
10-09-2012
SPENCER W. GUILBEAU, WILFRED M. GUILBEAU AND MELISSA M. GUILBEAU v. YAMAHA MOTOR CORPORATION, U.S.A., YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICAN AND YAMAHA MOTOR CO., LTD.
J.E. CULLENS, JR. EDWARD J. WALTERS, JR. Walters, Papillion, Thomas, Cullens, LLC Counsel for Plaintiffs, Spencer W. Guilbeau, Wilfred M. Guilbeau and Melissa M. Guilbeau DUPLASS, ZWAIN, BOURGEOIS, PFISTER & WEINSTOCK JOSEPH G. GLASS (#25397) Counsel for Defendants, Yamaha Motor Corporation, U.S.A., Yamaha Motor Co., Ltd. and Yamaha Motor Manufacturing Corporation of America
JUDGE: JAMES J. BRADY
MAG: CHRISTINE A. NOLAND
AGREED ORDER OF DISMISSAL WITH PREJUDICE
COME NOW Plaintiffs, Spencer W. Guilbeau, Wilfred M. Guilbeau and Melissa M. Guilbeau (Plaintiffs), and Defendants, Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America and Yamaha Motor Co., Ltd. (Yamaha Defendants), by and through their respective attorneys, and hereby stipulate and agree pursuant to Rule 41 of the Federal Rules of Civil Procedure that this matter should be dismissed, with prejudice.
IT IS HEREBY ORDERED that the above-captioned action and all claims in the action are dismissed with prejudice, with each party to bear its own costs and attorney's fees.
Section I.B.2.a. of the Common Benefit Order [Doc. #2021] ("CBO") entered in the proceeding styled In Re: Yamaha Motor Corp. Rhino ATV Products Liability Litigation, Master File No. 3-09-MD-2016-JBC ("MDL 2016"), requires the Yamaha Defendants to withhold five percent (5%) from the total settlement amount payable to Plaintiff. Counsel for Plaintiff and counsel for the Yamaha Defendants certify that a five percent (5%) assessment against the recovery of this action has been withheld and deposited into the Common Benefit Fund. See Exhibit "A," Certificate of Compliance.
It is ORDERED this 9th day of October, 2012.
_________________
HONORABLE JAMES J. BRADY
AGREED TO: _________________
J.E. CULLENS, JR.
EDWARD J. WALTERS, JR.
Walters, Papillion, Thomas, Cullens, LLC
Counsel for Plaintiffs, Spencer W. Guilbeau, Wilfred M. Guilbeau and Melissa M.
Guilbeau
DUPLASS, ZWAIN, BOURGEOIS,
PFISTER & WEINSTOCK
_________________
JOSEPH G. GLASS (#25397)
Counsel for Defendants, Yamaha Motor Corporation, U.S.A., Yamaha Motor Co., Ltd.
and Yamaha Motor Manufacturing Corporation of America
EXHIBIT A
CERTIFICATE OF COMPLIANCE
MDL COMMON BENEFIT ORDER
Pursuant to Section I.B.3 of the MDL Common Benefit Order ("CBO"), entered in MDL 2016, on October 6, 2010, and as supplemented on April 1, 2011, counsel for Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America, and Yamaha Motor Company, Ltd. (the "Yamaha Defendants") and the undersigned plaintiffs' counsel hereby certify that a 5% assessment against the recovery in this action by Spencer Wayne Guilbeau, Wilfred M. Guilbeau and Melissa M Guilbeau has been withheld and paid to the Common Benefit Account.
A copy of this Certificate shall accompany the Order of Dismissal in this action.
By: _________________
Joseph G. Glass
Counsel for the Yamaha Defendants
By: _________________
J.E. Cullens, Jr.
Counsel for Plaintiffs