Miller v. Dairyman Supply Company, Inc.

Filing 105

ORDER granting 101 Motion to Intervene. Signed by District Judge Aleta A. Trauger on 6/26/12. (xc:Pro se party by regular and certified mail.)(dt)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
Motion GRANTED.
BILLY W. MILLER d/b/a PINEY WOODS )
)
LUMBER CO.,
)
)
Plaintiff,
)
)
v.
)
No. 3:10-CV-00819
DAIRYMAN'S SUPPLY COMPANY, INC., )
)
Judge Trauger
Defendant,
)
)
Magistrate Judge Brown
)
v.
)
)
RANDY DRIVER, WILLIAM CARTER,
DALE HIX and PERFORMANCE AUTO )
)
SALES,
)
)
Third-Party Defendants.
MOTION TO INTERVENE FOR THE PAYMENT OF MEDIATION FEES

James D. Kay, Jr. (the "Petitioner") respectfully moves this Court for the
entry of an order (1) allowing him to intervene in this action for the purpose of
obtaining payment of his mediation fees and (2) taxing his mediation fees to Randy
Driver. In support of this Motion, the Petitioner states:
1.

The parties retained the Petitioner to conduct a mediation in the

above-referenced case. As part of the mediation, the parties – and their counsel –
executed a mediation agreement related to the payment of the Petitioner’s fees and
expenses.
2.

On May 3, 2011, the Petitioner conducted a mediation for the parties.

The case did not settle at the mediation. Following the mediation, the Petitioner