Uncle Nearest seeks court-ordered mediation
4:46 p.m. Aug. 16, 2025
DUANE CROSS
MCO Publisher•Editor
Uncle Nearest Inc. and its related entities have filed a motion in federal court to compel mediation with their plaintiff, Farm Credit Mid-America, PCA. The defendants, who also include Fawn Weaver and Keith Weaver, are seeking to mediate a resolution before the court formally appoints a receiver.
The case is being heard in the U.S. District Court for the Eastern District of Tennessee. The court has already determined that a receivership is necessary and has granted the plaintiff's motion for an appointment. However, the court has deferred the selection of a receiver pending further briefings from the parties on proposed candidates.
According to the motion, Uncle Nearest, along with a group of investors, has made multiple attempts to pursue a "commercial resolution." The defendants state that while the plaintiff has expressed a willingness to mediate, they have not definitively agreed and have introduced "additional preconditions or requirements" that have stalled progress.
The defendants argue that mediation at this stage is appropriate to prevent protracted receivership proceedings, preserve judicial resources, and protect all parties' interests. They also contend that a mediated resolution would mitigate brand degradation, which they say is a concern for both the defendants and the plaintiff, whose collateral is tied to the business's reputation.
The defendants are requesting the court to order mediation within the next 14 days. They have recommended John Tarpley, a shareholder at Lewis Thomason and the Chair of the Tennessee Supreme Court's Alternative Dispute Resolution Commission, to mediate the case. Mr. Tarpley is on the court's approved list of mediators and is willing to serve.
The motion was filed on Friday, Aug. 15, by attorneys Rocklan W. King III and Stacia M. Daigle of Adams and Reese, LLP.
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