Farmers Bank & Trust Company v. Ameris of Arkansas LLC et al

Filing 106

ORDER OF DISMISSAL granting 105 Joint Motion to Dismiss & dismissing this action with prejudice. The Clerk is directed to transfer by wire transfer from the funds held by the Clerk pursuant to Orders 41 & 73 as follows: a. the sum of One Milli on One Hundred Fifty Thousand Dollars $1,150,000.00) to the account designated by Defendant First Tennessee Bank National Association in Exhibit A to the Motion; and, b. the balance of the funds to the account designated by Defendant Mississippi County, Arkansas, in Exhibit B to the Motion. All parties shall bear their own costs incurred in connection with this action. Signed by Judge Brian S. Miller on 9/13/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
FARMERS BANK AND TRUST
COMPANY,

)
)
)
Plaintiff,
)
)
v.
)
)
AMERIS OF ARKANSAS, LLC; AMERIS )
OF OSCEOLA, LLC; FIRST TENNESSEE )
BANK, NATIONAL ASSOCIATION;
)
MISSISSIPPI COUNTY D/B/A
)
MISSISSIPPI COUNTY HOSPITAL
)
SYSTEM,
)
)
Defendants,
)
)
MISSISSIPPI COUNTY D/B/A
)
MISSISSIPPI COUNTY HOSPITAL
)
SYSTEM,
)
)
Cross-Claimant/Cross-Defendant,
)
)
v.
)
)
FIRST TENNESSEE BANK,
)
NATIONAL ASSOCIATION,
)
)
Cross-Defendant/Cross-Plaintiff,
)
Third-Party Plaintiff/Third-Party
)
Counter-Defendant,
)
)
v.
)
)
)
MIKE HUFFMAN, ROGERS FORD,
)
BOBBIE J. HAMPTON, JOHN LOGAN,
)
SYLVIA PREWITT, VAN PARKER,
)
EARL SMITH, WARRANT WHITIS, in
)
their official capacities as THE BOARD OF )
GOVERNORS OF THE MISSISSIPPI
)
COUNTY HOSPITAL SYSTEM,
)
)
Third-Party Defendants/
)
Third Party Counter-Plaintiffs
)
)

No. 3:10CV00173-BSM

And

)
)
)
)
)
)
)
)

PHIL NORRIS, individually and in his
official capacity as Chief Financial
Officer of the MISSISSIPPI COUNTY
HOSPITAL SYSTEM,
Third-Party Defendant.

______________________________________________________________________________
ORDER OF DISMISSAL
______________________________________________________________________________
The Defendants, First Tennessee Bank National Association and Mississippi County
d/b/a Mississippi County Hospital System, and the Third Party Defendants, Mike Huffman,
Rogers Ford, Bobbie J. Hampton, John Logan, Sylvia Prewitt, Van Parker, Earl Smith, Warrant
Whitis, and Phil Norris (collectively, “the Movants”) have filed a Joint Motion for Entry of an
Order of Dismissal of this Action with prejudice. In addition, the Movants have submitted a
request for disposition of the funds held in the registry of this Court. As of this date, Defendants,
Ameris of Arkansas, LLC and Ameris of Osceola, LLC have not filed an answer or otherwise
submitted a responsive pleading and judgment by default has been entered by this Court.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that
1.

This Action, including specifically,
a.

the Complaint for Declaratory Judgment.

b.
the Cross-Complaint filed by Defendant Mississippi County d/b/a
Mississippi County Hospital against First Tennessee.
c.
the Cross-Complaint filed by First Tennessee Bank National Association
against Mississippi County and Third Party Complaint against the Board of Governors of
Mississippi County, Arkansas and Phil Norris.

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d.
the Counter-Complaint filed by the Third Party Defendants, Mike
Huffman, Rogers Ford, Bobbie J. Hampton, John Logan, Sylvia Prewitt, Van Parker, Earl Smith
and Warrant Whitis in their official capacities as the Board of Governors of the Mississippi
County Hospital System.
is dismissed with prejudice.
2.

The Clerk of this Court is hereby directed to transfer by wire transfer from the

funds held by the Clerk pursuant to the orders of this Court [Dkt No. 41 and 73] as follows:
a.

the sum of One Million One Hundred Fifty Thousand and No/100 Dollars

($1,150,000.00) to the account designated by Defendant First Tennessee Bank National
Association in Exhibit A to the Motion; and
b.

the balance of the funds to the account designated by Defendant

Mississippi County, Arkansas in Exhibit B to the Motion.
3.

All parties shall bear their own costs incurred in connection with this Action.

Dated: September 13, 2011

___________________________________
HON. BRIAN S. MILLER
United States District Court Judge

APPROVED FOR ENTRY:

/s/ Keith C. Dennen
Sam J. McAllester, III, TNBPR# 003461
Keith C. Dennen, TNBPR# 012618
William J. Haynes, III, TNBPR# 017398
Admitted pro hac vice
BONE MCALLESTER NORTON, PLLC
Nashville City Center, Suite 1600

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511 Union Street
Nashville Tennessee 37219
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail];
[e-mail];
[e-mail]
Attorneys for Defendant/Cross-Defendant/
Third Party Plaintiff/Third Party Counter-Defendant,
First Tennessee Bank, National Association

/s/ Clayborne S. Stone
Clayborne S. Stone (2003102)
[e-mail]
Janet L. Pulliam (#79233)
[e-mail]
W. Taylor Marshall (#2009206)
[e-mail]
WILLIAMS & ANDERSON
111 Center St., 22nd Floor
Little Rock, AR 72201
Telephone:
501.372.0800
Attorneys for Defendant/Cross-Plaintiff,
Mississippi County d/b/a Mississippi County Hospital
System and Third Party Defendants/Counter-Plaintiffs,
Board of Governors of the Mississippi County
Hospital System

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