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IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

SOUTHEASTERN BOLL WEEVIL 

ERADICATION FOUNDATION, INC., 

Plaintiff, 

v. 

BOLL WEEVIL ERADICATION 

FOUNDATION OF GEORGIA, INC.; 

TOMMY IRVIN in his capacity as 

TRUSTEE of the BOLL WEEVIL 

ERADICATION FOUNDATION OF 

GEORGIA, INC., 

Defendants. 

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) Civil Action No. 

) 2:06cv756-MHT 

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PRO TANTO JOINT STIPULATION OF DISMISSAL WITHOUT 

PREJUDICE AS TO DEFENDANT TOMMY IRVIN ONLY

COME NOW, the named parties in the above-captioned matter, and 

represent that this matter has been settled only as between the Southeastern Boll 

Weevil Eradication Foundation, Inc., (“the Southeastern Foundation”) and Georgia 

Commissioner of Agriculture Tommy Irvin (“the Commissioner”), who is 

statutorily designated to hold certain funds in trust for the Boll Weevil Eradication 

Foundation of Georgia, Inc., (“the Georgia Foundation”) and move that this 

Honorable Court dismiss the claims without prejudice against the Commissioner. 

Case 2:06-cv-00756-MHT-WC Document 26 Filed 12/14/2006 Page 1 of 6
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The parties further stipulate that the Commissioner or his successor as 

Commissioner of the Georgia Department of Agriculture, in his or her capacity 

under Georgia law as holding funds in trust for the Georgia Foundation, will only 

disburse such trust funds as are necessary for the day-to-day operations of the 

Georgia Foundation and to maintain boll weevil eradication programs within the 

State of Georgia. The parties stipulate that the funds needed for these regular 

expenses amount to $320,000.00 per month. 

For any expenditure beyond $320,000.00 per month, the Commissioner will 

disburse funds only on the written request of the Georgia Foundation after the 

Georgia Foundation has provided to the Commissioner written consent from the 

Southeastern Foundation for such expenditure. If the Southeastern Foundation 

refuses to provide such written consent, then the Georgia Foundation must obtain 

approval of this Court for payment of reasonable expenses above $320,000.00 per 

month before requesting the Commissioner to disburse the funds. However, the 

parties agree that the Georgia Foundation shall not be required to obtain the 

consent of the Southeastern Foundation or approval of the Court before requesting 

payment by the Commissioner of its litigation expenses related to this case, such as 

attorneys’ fees and costs. It shall be the responsibility of the Georgia Foundation, 

Case 2:06-cv-00756-MHT-WC Document 26 Filed 12/14/2006 Page 2 of 6
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not the Commissioner, to monitor the monthly disbursement requests to insure that 

the limitation set forth herein is not exceeded, except as provided in this paragraph. 

The parties agree that the Georgia Foundation will secure and provide the 

Southeastern Foundation with copies of all future monthly, quarterly, yearly, or 

other statements from all bank accounts or other accounts containing funds held by 

the Georgia Foundation, or held by the Commissioner on behalf of the Georgia 

Foundation, within seven (7) days of receipt of such statements by the Georgia 

Foundation. The parties agree that the Georgia Foundation may redact from such 

statements information protected by the Attorney Client and Work Product 

Doctrine. 

 In addition, the Commissioner agrees to provide the Southeastern 

Foundation with copies of current account statements not otherwise available from 

the Georgia Foundation within seven (7) days of receipt of a written request from 

Southeastern Foundation for such statements. 

The Georgia Foundation hereby stipulates and agrees that upon the 

settlement of this action or in the event of a money judgment rendered against it in 

this action, and upon exhaustion of any and all appeals, it shall request that the 

Commissioner pay the settlement amount or judgment to the Southeastern 

Foundation. The Commissioner hereby stipulates and agrees that upon written 

Case 2:06-cv-00756-MHT-WC Document 26 Filed 12/14/2006 Page 3 of 6
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request from the Georgia Foundation, he shall pay such settlement amount or 

judgment to the Southeastern Foundation as may be authorized by the Georgia 

Foundation and Georgia law in the event of a settlement or required by law in the 

event of a money judgment. Upon the final resolution of this case, including 

appeals and including the payment of any judgment or settlement as provided 

above, the parties’ obligations under this stipulation shall cease. 

During the course of this litigation, the Commissioner and the Georgia 

Foundation stipulate and agree that the Georgia Foundation shall continue as the 

certified cotton growers’ organization for Georgia, consistent with Georgia law, 

and shall continue to collect assessments from cotton producers in Georgia of at 

least $2.75 per acre pursuant to and not inconsistent with the Georgia Boll Weevil 

Eradication Act of 1985, as amended. 

Each party shall bear its own costs, and this Court shall retain jurisdiction 

for the purpose of enforcing this stipulation and shall retain jurisdiction over the 

remaining claims not settled herein. By entering into this stipulation, the 

Commissioner does not waive any rights, claims, defenses, objections or legal 

arguments he could assert if he were to participate as a party in this matter; and the 

parties stipulate that the Commissioner shall have the right to raise such rights, 

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claims, defenses, objections or other legal arguments if he is subsequently made a 

party to this matter at a later date. 

The Georgia Foundation and Southeastern Foundation hereby waive any 

claim against the Commissioner that may accrue as a result of compliance by the 

Commissioner with this stipulation. 

All parties agree to be bound by the terms of this stipulation and authorize 

their counsel to execute this stipulation on their behalf. 

 Respectfully submitted this 13th day of December, 2006. 

 

 ___/s/ John E. Hennelly_________ 

 JOHN E. HENNELLY 

 Senior Assistant Attorney General 

 Attorney for Commissioner Tommy Irvin 

 Georgia Department of Agriculture 

40 Capitol Square, S.W. 

Atlanta, Georgia 30334-1300 

Telephone: (404) 656-7540 

Facsimile: (404) 651-6341 

 __/s/ Mitch Henry____________ 

 D. MITCHELL HENRY (HEN046) 

 T. RANDALL LYONS (LYO006) 

 Attorneys for Southeastern 

 Boll Weevil Eradication, Inc. 

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WEBSTER, HENRY, LYONS & WHITE, P.C. 

Post Office Box 239 

Montgomery, Alabama 36101-0239 

Telephone: (334) 264-9472 

Facsimile: (334) 264-9599 

 __/s/ Duke R. Groover______________ 

 DUKE R. GROOVER 

 Attorney for Boll Weevil Eradication 

 Foundation of Georgia, Inc. 

 

GROOVER & CHILDS 

P.O. Box 898 

Macon, Georgia 31202 

Telephone: (478) 745-4712 

Facsimile: (478) 745-7373 

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