Butler v. GSA International, Ltd. et al

Filing 12

AGREED ORDER OF DISMISSAL OF UNNAMED DEFENDANT KENTUCKY NATIONAL INSURANCE COMPANY. Signed by District Judge Todd J. Campbell on 1/9/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE
RANDALL D. BUTLER,
Plaintiff,
v.
GSA INTERNATIONAL, LTD., RYDER
TRUCK RENTAL, LT., and ROBERT L.
MITCHELL,
Defendants.

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3:12-CV-1219
JURY DEMAND
Judge Campbell
Magistrate Judge Griffin

AGREED ORDER OF DISMISSAL OF UNNAMED DEFENDANT
KENTUCKY NATIONAL INSURANCE COMPANY
It appearing to the Court, as evidenced by the signatures of counsel for the parties below,
that the parties hereto are in agreement that it is appropriate for Kentucky National Insurance
Company to be dismissed from this cause, with the provisions that if, for any reason hereafter,
the liability insurance carrier for the named Defendants denies coverage to the Defendants, or if
the Defendants’ insurance company is not able to provide liability insurance in this cause, then,
in that event, Plaintiff shall be allowed to renew his uninsured/underinsured motorist claim
against Kentucky National Insurance Company; and in that event, Kentucky National Insurance
Company shall be allowed to conduct any necessary discovery pursuant to Tennessee Code
Annotated § 56-7-1206.
It is therefore ORDERED that the Complaint in this cause be, and is hereby dismissed
without prejudice as to Kentucky National Insurance Company, the uninsured/underinsured
motorist carrier of Plaintiff.
It is further ORDERED that in the event the liability insurance carrier for Defendants, for
whatever reason, denies coverage to Defendants and/or if Defendants’ insurance company is not

able to provide liability insurance in this cause, then, in that event, Plaintiff shall be allowed to
renew his uninsured/underinsured motorist claim against Kentucky National Insurance
Company. Any time limitations of action by law, statute, insurance policy or otherwise, are
hereby waived by Kentucky National Insurance Company. Therefore, Kentucky National
Insurance Company shall have the right to conduct any necessary discovery in this cause
pursuant to Tennessee Code Annotated § 56-7-1206 prior to the case being tried. All other rights
and remedies available to Kentucky National Insurance Company are reserved.
ENTER this _______ day of ____________________, 2013.

_______________________________________
JUDGE
APPROVED FOR ENTRY:
LEWIS, KING, KRIEG & WALDROP, P.C.
By: /s/Mary Beth Haltom
Mary Beth Haltom, BPR # 024462
424 Church Street, Suite 2500
P.O. Box 198615
Nashville, TN 37219
615-259-1366
615-259-1389
Attorneys for Unnamed Defendant
Kentucky National Insurance Company

LAW OFFICE OF BART DURHAM
By: /s/Blair P. Durham
Blair P. Durham, BPR No. 021453
H. Anthony Duncan, BPR No. 20056
Aaron Woodard, BPR No. 24807
1712 Parkway Towers
404 James Robertson Parkway
Nashville, TN 37219
615-242-9000
Attorneys for Plaintiff

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SMITH & TOMKINS
By: /s/Warren M. Smith
Warren M. Smith, BPR No. 10622
214 Second Avenue North
Suite 100
Nashville, TN 37201
615-256-1280
Attorneys for GSA International Ltd., Ryder
Truck Rental, LT., and Robert L. Mitchell

CERTIFICATE OF SERVICE
I hereby certify that on this the 9th day of January, 2013, a copy of the foregoing Agreed
Order of Dismissal of Unnamed Defendant Kentucky National Insurance Company was filed
electronically. Notice of this filing will be sent by operation of the Court’s electronic filing
system to all parties indicated on the electronic filing receipt. All other parties will be served by
regular U.S. mail. Parties may access this filing through the Court’s electronic filing system.
Blair P. Durham, Esq.
H. Anthony Duncan, Esq.
Aaron Woodard, Esq.
1712 Parkway Towers
404 James Robertson Parkway
Nashville, TN 37219

Warren M. Smith, Esq.
Smith & Tomkins
214 Second Avenue North
Suite 100
Nashville, TN 37201

/s/Mary Beth Haltom
Mary Beth Haltom

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