Thorburn et al v. Fish et al

Filing 99

AGREED ORDER OF DISMISSAL WITH PREJUDICE. Signed by District Judge Aleta A. Trauger on 4/16/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
JAMES THORBURN,
DEBRA K. THORBURN, and
TULLOSS SPRINGS, LLC,
Plaintiffs,
v.
SCOTT FISH, LINDA FISH, UP
DEVELOPMENT FRANKLIN, LLC,
BROTHERS LAND TRUST, LLC,
Defendants,

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No. 3:13-1431
Judge Trauger

AGREED ORDER OF DISMISSAL
It appearing to the Court based on the signatures below of counsel for the parties that an
agreement has been reached to resolve this matter, the Court hereby FINDS and ORDERS as
follows:
1.

The parties negotiated a Confidential Settlement and Release of Claims (the

“Agreement”), which was executed and agreed to by the following: Plaintiff James M. Thorburn;
Plaintiff Debra K. Thorburn; Plaintiff Tulloss Springs, LLC, by and through its authorized
manager James M. Thorburn and member Debra K. Thorburn; Defendant Scott Fish; Defendant
Linda Fish; Defendant Brothers Land Trust, LLC, by and through its authorized member Scott
Fish; Defendant Brothers Land Trust, LLC, by and through its authorized member Scott Fish; and
UP Development Franklin, LLC, by and through its authorized member Scott Fish.
2.

The Settlement Amount, as defined in the Agreement, has been paid.

3.

Counsel for the Plaintiffs shall release to counsel for the Defendants the 2nd

Obligation Deed of Trust Release, as defined in the Agreement.
4.
with prejudice.

The parties have resolved this matter and consent to the dismissal of this action,

5.

This action is hereby dismissed, with prejudice.

6.

The costs of this action shall be borne by the party that incurred the costs, and all

court costs shall be assessed one-half to the Plaintiffs and one-half to the Defendants, then credit
shall be applied to any party that has already paid costs.
16 th
April
IT IS SO ORDERED this _____ day of ______________________, 2015.

HON. ALETA A. TRAUGER
UNITED STATES DISTRICT JUDGE

Respectfully submitted for entry:

/s/ Austin L. McMullen
Roger G. Jones (No. 11550)
[e-mail]
Austin L. McMullen (No. 20877)
[e-mail]
BRADLEY ARANT BOULT CUMMINGS LLP
1600 Division Street, Suite 700
Nashville, TN 37203
Telephone: [phone]
Counsel for Plaintiffs

BONE MCALLESTER NORTON PLLC

By:

/s/ Tucker Herndon
Tucker Herndon
[e-mail]
David Anthony, #19951
[e-mail]
Sean C. Kirk, # 22878
[e-mail]
511 Union Street, Suite 1600
Nashville, TN 37219
[phone] phone
(615 238-6301 fax
Attorneys for Defendants