IN THE DISTRICT COURT OF THE UNITED STATES 

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION 

DONNA DORSEY DAVIS, ) 

as an individual and derivatively upon behalf of ) 

I-65 Properties, Inc., ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Civil Action No.: 2:06cv766-MHT 

 ) 

RICHARD M. DORSEY, ) 

as an individual and C D & O, LLC, as a ) 

necessary party, ) 

 ) 

 Defendants. ) 

 ) 

AND ) 

 ) 

RICHARD M. DORSEY, DORSEY MOTOR ) 

SALES, INC., and C D & O, Inc., ) 

 ) 

 Counter-Plaintiffs, ) 

 ) 

v. ) 

 ) 

DONNA DORSEY DAVIS, ) 

 ) 

 Counter-Defendant. ) 

CONSENT TO COUNTER-PLAINTIFFS’ VOLUNTARY DISMISSAL 

OF COUNTERCLAIM AND MOTION TO JOIN DORSEY MOTOR 

SALES, INC. AS A NECESSARY PARTY 

 COMES NOW, the Plaintiff/Counter-Defendant, Donna Dorsey Davis, by and through 

her counsel of record and does shown unto this Honorable Court the following: 

1. Counter-Plaintiff has filed a Voluntary Dismissal of the Counterclaim. 

2. Plaintiff/Counter-Defendant has no objection to dismissal of the Counterclaim, however, 

Plaintiff/Counter-Defendant requests the Court allow Counter-Plaintiff, Dorsey Motor Sales, Inc. 

to be added as a necessary party Defendant. 

Case 2:06-cv-00766-MHT-TFM Document 53 Filed 06/19/2007 Page 1 of 3
3. Plaintiff/Counter-Defendant shows to the court that Dorsey Motor Sales, Inc. is subject to 

the jurisdiction of this court and is a necessary party to this action if complete relief is to be 

accorded between those already parties pursuant to Rule 19 Fed.R.Civ.P. 

4. Dorsey Motor Sales, Inc., is an Alabama corporation with is principal place of business in 

the City of Prattville, Autauga County, Alabama, and is owned by the Defendant, Richard M. 

Dorsey. Dorsey Motor Sales, Inc. submitted to the jurisdiction of this Court when it filed a 

Counterclaim against the Plaintiff/Counter-Defendant in this action on February 8, 2007. 

5. Joinder of Dorsey Motor Sales, Inc. will not deprive the court of jurisdiction over the 

subject matter of this action. 

6. In her Complaint, Plaintiff demanded the note between I-65 and Dorsey Motor Sales, Inc. 

be set aside and/or declared null and void. 

7. It is necessary to join Dorsey Motor Sales, Inc. in this action, not only to protect its 

interest in the Promissory Note, but also to have a complete and just adjudication of all matters 

pertaining to this action. 

8. Adding Dorsey Motor Sales, Inc. as a necessary party Defendant would greatly help 

facilitate the mediation of all matters before this Court. 

 WHEREFORE, THE ABOVE PREMISES CONSIDERED, the Plaintiff/CounterDefendant enters her consent to Counter-Plaintiffs’ dismissal of the Counterclaim, and moves 

pursuant to Rule 19 of the Federal Rules of Civil Procedure for an order directing that said 

Dorsey Motor Sales, Inc. be joined in this action as a party defendant. 

 Respectfully submitted, 

 //s// Lindsay B. Erwin

 Lindsay B. Erwin, Esq. 

 ASB-5299-Y59E 

 Attorney for Plaintiff/Counter-Defendant 

Meacham, Earley & Fowler, P.C. 

5704 Veterans Parkway 

Columbus, GA 31904 

(706) 576-4064 

Case 2:06-cv-00766-MHT-TFM Document 53 Filed 06/19/2007 Page 2 of 3
CERTIFICATE OF SERVICE

 I hereby certify that on the 18th day of June, 2007, I electronically filed the foregoing 

with the Clerk of the Court using electronic filing system which will send information of such 

filing to the following: 

 Clifford W. Cleveland 

 Cleveland & Colley, P.C. 

 P.O. Box 680689 

 Prattville, AL 36068 

 James E. Roberts, Esquire 

 4908 Cahaba River Road, Ste 204 

 Birmingham, AL 35243 

 //s// Lindsay B. Erwin

OF COUNSEL 

Case 2:06-cv-00766-MHT-TFM Document 53 Filed 06/19/2007 Page 3 of 3