Tuttobene v. The Assurance Group, Inc.

Filing 127

ORDER: The Clerk is directed to add the Firm to the docket as aninterested party: Carr, Riggs & Ingram, Suite 190, 3011 Armory Drive, Nashville, 37201 (615-665-1811) [e-mail]. Signed by Magistrate Judge Joe Brown on 9/10/214. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ERIC TUTTOBENE, et al.,

)
)
Plaintiffs
)
)
v.
)
)
THE ASSURANCE GROUP, INC., et al., )
)
Defendants
)

No. 3:10-0978
Judge Sharp/Brown
Jury Demand

O R D E R
A hearing was held with the parties in this matter on
September 8, 2014. The accounting firm of Carr Riggs & Ingram (the
“Firm”) is willing to undertake an audit in this matter and they
are, therefore, appointed as an expert witness for the Court in
this case. Their expenses will be initially borne by the Defendants
subject to the agreement of the parties and the results of the
case. If the parties have a disagreement on the matter the Court,
following resolution of the case, will apportion the expense of the
Firm between the parties. The Defendants remain responsible for
payment of the Firm’s billing absent further order of the Court.
The Firm is requested to secure the documents provided
the

Plaintiff

concerning

Mr.

Tuttobene’s

payments

and

then

determine what additional records are necessary to determine what
payments are reasonably due Mr. Tuttobene, and whether the records
properly relate to 1099s provided Mr. Tuttobene. The Firm is also
requested to determine approximately how long they believe this

process will take and provide an estimate of the cost for the audit
of Mr. Tuttobene’s records.
There are five additional Plaintiffs in the Tennessee
cases. The Firm is requested to also provide an estimate of what
work they believe would be needed to provide a similar audit of
those five additional agents.
The Firm should keep both attorneys advised of their
progress in the matter, and both sides are directed to provide the
Firm with full cooperation in providing records and information so
that their audit may be complete.
To

the

extent

difficulties

or

questions

arise,

the

parties or the Firm may request either a hearing in court or a
telephone conference with the Magistrate Judge about the matter.
The Clerk is directed to add the Firm to the docket as an
interested party: Carr, Riggs & Ingram, Suite 190, 3011 Armory
Drive, Nashville, 37201 (615-665-1811) [e-mail].
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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