Copy EFILED 06/10/20 09:32 AM CASE NO. 20C740 Richard R. Rooker, Clerk IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE CARL VONHARTMAN, Plaintiff, v. KORTNI BUTTERTON, Defendant. § § § § § § § § § Case No.: 20C740 JURY DEMANDED AGREED FINAL ORDER Come now the Parties to this action, Defendant Kortni Butterton and Plaintiff Carl Vonhartman, and jointly submit the instant Agreed Final Order for the Court’s approval. As evidenced by the signatures of adversary counsel below, all matters in controversy between the Parties have been settled and compromised, and subject to the Court’s approval, the Parties have agreed to the following conclusive resolution of this action: 1. The Plaintiff stipulates that his Complaint failed to state any cognizable claim for relief against the Defendant, and that for the reasons set forth in the Defendant’s Memorandum of Law in support of her petition to dismiss this action pursuant to the Tennessee Public Participation Act (Doc. #12), the Defendant’s Tenn. Code Ann. § 20-17104(a) Petition to Dismiss the Plaintiff’s Complaint Pursuant to the Tennessee Public Participation Act (Doc. #11) should be and is hereby GRANTED. Accordingly, the Plaintiff’s Complaint, and all causes of action asserted within it, shall be DISMISSED WITH PREJUDICE. 2. Upon entry of this Order, judgment shall be ENTERED in favor of the -1- Copy EFILED 06/10/20 09:32 AM CASE NO. 20C740 Richard R. Rooker, Clerk Defendant against the Plaintiff in the amount of twenty-six thousand and five hundred dollars ($26,500.00)—inclusive of all available claims for attorney’s fees, discretionary costs, and sanctions—pursuant to Tennessee Code Annotated § 20-17-107(a), Tennessee Code Annotated § 20- 12-119(c), and Tennessee Code Annotated § 4-21-1003(c). 3. This constitutes a final and conclusive resolution of the above-captioned case. Upon entry of this Order, all other claims that were or could have been brought by the Parties against one another shall be deemed waived, released, and/or denied as moot. 4. The Plaintiff shall pay the court costs of this action, for which execution may issue if necessary. IT IS SO ORDERED. Entered this the day , 2020. JUDGE JOSEPH P. BINKLEY Circuit Court Judge -2- Copy EFILED 06/10/20 09:32 AM CASE NO. 20C740 Richard R. Rooker, Clerk APPROVED FOR ENTRY BY: /s/ Daniel A. Horwitz _ Daniel A. Horwitz, BPR #032176 1803 Broadway, Suite #531 Nashville, TN 37203 daniel.a.horwitz@gmail.com (615) 739-2888 Counsel for Defendant Kortni Butterton /s/ Wesley Clark____________ Wesley Clark Frank Brazil 2901 Dobbs Avenue Nashville, TN 37211 615-730-8619 615-514-9674 wesley@brazilclark.com frank@brazilclark.com Counsel for Plaintiff -3- Copy EFILED 06/10/20 09:32 AM CASE NO. 20C740 Richard R. Rooker, Clerk CERTIFICATE OF SERVICE I hereby certify that on this 9th day of June, 2020, a copy of the foregoing was served via the Court’s electronic filing system upon the following: Wesley Clark Frank Brazil 2901 Dobbs Avenue Nashville, TN 37211 Counsel for Plaintiff By: -4- /s/ Daniel A. Horwitz Daniel A. Horwitz, Esq. Copy EFILED 06/10/20 09:32 AM CASE NO. 20C740 Richard R. Rooker, Clerk Case Title: VONHARTMAN V BUTTERTON Case Number: 20C740 Type: FINAL ORDER The foregoing is hereby ORDERED, ADJUDGED AND DECREED: Judge Joe Binkley, Jr., Fifth Circuit Electronically signed on 06/10/2020 09:32 AM page 5 of 5