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IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT


KAREN COLLINS (JRBY), Individually and as parent and next of kin of PARKER MCKENZIE BOUNDS, a minor

PLAINTIFF CIVIL ACTION: 251-12142

V.
CHARLES IRBY, Individually and co-conservator In tbe Matter of the Conservatorsbip of Stuart M. Irby, JOE IRBY, IndividuaUy and co-conservator In tbe Matter of the Conservatorsbip of Stuart M. Irby, STUART M. IRBY, JR., Individually and co-conservator In the Matter of tbe Conservatorsbip of Stuart M. Irby, SUDHAKER MADAKASlRA, M.D., Individually and in bis official capacity as an employee/shareholder of Psycamore, LLC, JEFF RICKELS, Individually, in bis official capacity as Senior Vice President of Pinnacle Trust Company, LLC, and as co-conservator In the Matter of tbe Conservatorsbip ofStuarl M. Irby, T. CALVIN WELLS, Individually and in his official capacity as an employee/sharebolder of Wells Moore Simmons Edwards & Wilbanks, PLLC, RICHARD MONT AGUE, IndividualJy, in his official capacity as an employee/sbarebolder of Wells Moore Simmons Edwards & Wilbanks, PLLC, and co-conservator In tbe Matter of tbe Conservatorship of Stuart M. Irby, PINNACLE TRUST COMPANY, LLC, WELLS MOORE SIMMONS EDWARDS & WILBANKS, PLLC, PSYCAMORE, LLC AND JOHN DOES 1-20

DEFENDANTS

AGREED ORDER WITHDRAWING ENTRY OF DEFAULT

This matter coming before the Court by agreement ofthe parties, and the Court having found that: 1. Pinnacle Trust Company's Motion to Dismiss, or in the Alternative, to Stay Proceedings was filed on April 20, 2012, within the time deadline for its response to the Complaint in this matter;

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2.

Plaintiffs Application for Clerk)s Entry of Default and an Attorney Affidavit in Support of Application for Entry of Default were filed in this matter on April 23, 2012, one day after Pinnacle's deadline for filing its response to the Complaint; and the Clerk's Entry of Default was entered on April 23,2012.

3.

The COUli being advised that all parties have agreed to the Court's setting aside the Clerk's Apri123, 2012, Entry of Default it is hereby ORDERED AND ADJUDGED that Defendant Pinnacle)s Motion to Dismiss, or in the Alternative, to Stay Proceedings was timely filed with the Court; and it is FURTHER ORDERED AND ADJUDGED that said Entry of Default is hereby set aside as Defendant Pinnacle's response to the Complaint was timely filed with this Court.

SO ORDERED AND ADJUDGED this the ~- - day of ___ ~_. 2012.

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