IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE
PAUL HENDRICKS, M.D., in his )
capacity as HEALTH OFFICER )
FOR THE HAMILTON COUNTY )
HEALTH DEPARTMENT OF ) NO. 20-0585
HAMILTON COUNTY, TENNESSEE, and )
BECKY BARNES, in her capacity as )
REGIONAL DIRECTOR OF THE HAMILTON )
COUNTY HEALTH DEPARTMENT OF )
HAMILTON COUNTY, TENNESSEE )
PETITIONERS ) PART 2
VS. )
ERNIE SANDERS and )
ED' S SUPPLY COMPANY, INC., )
RESPONDENTS )
AGREED ORDER
COME NOW thc Parties in the above referenced case, by and through counsel, and
would show to the Court the following, to wit:
That the present action was filed as a result of the failure of Respondents to comply with
Health Directive No. 1 as issued by the Petitioners in response to the COVID- 19 pandemic
pursuant to the authority granted to them by the laws of the State of Tennessee, specifically
Chapter 95 of the Private Acts of 1885, and Tennessee Code Annotated Section 68- 2- 603( b) and
68- 2- 608, wherein they directed that all individuals wear facial coverings or masks which cover
the mouth and nose at all times when indoors in all public and private buildings and when
outdoors with certain exceptions; and
Since the filing of the present matter, the Parties agree that the Respondents are now in
full compliance with said Health Directive No. 1; and
The Respondents hereby acknowledging the legitimacy and enforceability of said
20 SEP - 8 PM 3: I 7 2E. 20. 09 0094
FILET;
AAMILTON CO Cl.. E.JV, a. MASTER
Directive; their demonstrated post -filing and future assurance to comply thereto; and the
County' s willingness to accept said assurances. Based on the foregoing and good cause
appearing, it is hereby,
ORDERED, that this cause of action be, and hereby is, dismissed upon the Respondents
continued adherence to said Health Directive No. 1; and
ORDERED, that the costs of this cause are taxed against the Respondents for which
execution may issue if necessary.
ENTER.
JEFFREY TON, CHANCELLOR
2E. 20. 09 0095
APPROVED FOR ENTRY:
HAM COUNTY ATTORNEY' S OFFICE
Rheubi . Taylor, BPR# 95
N‘ i,ut tL
Mary Neill utherland, BPR# I583
441Attn.'
Sharon M. Milling, BPR# 36876
Attorneys for the Petitioners
Room 204 Hamilton County Courthouse
625 Georgia Avenue
Chattanooga, TN 37402
423) 209- 6150 —telephone / ( 423) 209- 6151 — telefax
rintaylorqp,harniltontn, gov —email
PHIL PS, TUGGLE & FORDHAM, LLP
ANtil
ROBERT H. SMALLEY, I, BPR# 015886
Attorney for Respondents
P. O. Box 1105
Dalton, GA 30722- 1105
706) 278- 4499 — telephone / ( 706) 278- 5002 — telefax
rsmalley@mccamylaw. com - email
On4isCiSIN day of'_.%
20 , I certity-Tiat a copy of t Is order was
mailed to the parties or their counsel.
ROBIN L. MILLER, CLERK & MASTER
Di7, 1 DC& M
2E. 20. 09 0096