Smith v. Hull, Storey, & Gibson Companies, LLC
Court Docket Sheet

Northern District of Alabama

3:2015-cv-00443 (alnd)

NOTICE of Acceptance with Offer of Judgment by John Smith

Case 3:15-cv-00443-HGD Document 15 Filed 07/21/15 Page 1 of 3 FILED 2015 Jul-21 PM 04:51 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHERN DIVISION) JOHN SMITH,) Plaintiff,) v.) CIVIL ACTION N0.) HULL, STOREY, & GIBSON) 3:15-cv-00443-HGD COMPANIES, LLC.) Defendant.)) RULE 68 PROOF OF SERVICE ON THE OFFER AND ACCEPTANCE OF JUDGMENT COMES NOW the Plaintiff, John Smith, by and through his undersigned counsel and pursuant to Rule 68(a), Federal Rules of Civil Procedure, and hereby moves the Court and Clerk to enter judgment on Defendant’s Offer of Judgment and Plaintiff’s acceptance of that offer. In support thereof, Mr. Smith shows as follows: 1. Defendant Hull, Storey, & Gibson Companies, LLC, provided the Offer of Judgment attached as Exhibit "A" to Mr. Smith, on July 17, 2015. Rule 68(a) Fed. R. Civ. P. 2. Mr. Smith accepted the Offer of Judgment and served written notice accepting the offer both by overnight mail via FedEx and email on July 17, 2015. Exhibit "B" is the acceptance of the Offer of Judgment, provided both by FedEx and email. Rule 68(a) Fed. R. Civ. P. [1] Case 3:15-cv-00443-HGD Document 15 Filed 07/21/15 Page 2 of 3 3. As proof of service of the acceptance of the Offer of Judgment, Mr. Smith attaches Exhibit "C", which contains the delivery confirmation to Defendant’s attorney dated July 20, 2015. WHEREFORE, premises considered, Mr. Smith moves this Honorable Court and Clerk to enter judgment on Defendant pursuant to Rule 68(a), Federal Rules of Civil Procedure. Respectfully Submitted, this the 21st Day of July, 2015./s/__Landis Sexton L. LANDIS SEXTON BPR # AL-5057N71L The ADA Group LLC 2047 Carter Hill Road Montgomery, Alabama 36106 334.819.4030 p 334.819.4032 f LLS@ADA-Firm.com Attorney for the Plaintiff [2] Case 3:15-cv-00443-HGD Document 15 Filed 07/21/15 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that on this the 21st Day of July, 2015, I have filed with the Clerk of Court the aforementioned document for service of process by electronic mail or by placing same in the USPS mail and properly addressed to the following: Heath F. Trousdale 119 S. Court Street Florence, Alabama 35630 hftrousdale@comcast.net/s/__Landis Sexton L. LANDIS SEXTON BPR # AL-5057N71L The ADA Group LLC 2047 Carter Hill Road Montgomery, Alabama 36106 334.819.4030 p 334.819.4032 f LLS@ADA-Firm.com Attorney for the Plaintiff [3]

Exhibit A

Case 3: 15-cv-00443-HGD Document 15-1 Filed 07/21/15 Page 13 EXHIBIFILEP RONJul-21 PM 04 $ 1 Up. DISTRICT COURT N. L. QF ALABA IA tabbies IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA JOHN SMITH, Plaintiff, VVVVV CIVIL ACTION NO. CV-15-HGD-0443-NW HULL, STOREY, GIBSON COMPANIES, LLC, Defendant. OFFER OF JUDGMENT Pursuant to the provision of Rule 68, Fed. R. Civ. P., the Defendant, HULL, STOREY, GIBSON COMPANIES, LLC, proposes the following settlement: Defendant HULL, STOREY, GIBSON COMPANIES, LLC, offers to allow a Final Judgment to be taken against it and in favor of the Plaintiff, JOHN SMITH, for the following relief: A. Injunctive relief requiring Defendant to alter the Florence Mall, f/k/a the Regency Square Mall, to correct or modify those facilities and accommodations identified in Plaintiff's Complaint (Doc. 1) so that they will be readily accessible to and usable by individuals with disabilities to the extent required by the Americans with Disabilities Act and FAC, exclusive of items 1 through 5 specifically listed below. The corrections and modifications shall be completed no later than 36 months after the entry of Judgment. Items to be excluded from Defendant's Offer of Judgment are: 1. Any and all corrections or modifications relating to the Dillard's department store interior or parking lot, which is not owned by the Defendant; * KTT * T * * * *.. I...; * * '... '. ', ': '. Case 3: 15-cv-00443-HGD Document 15-1 Filed 07/21/15 Page 2 of 3 2. Any and all corrections or modifications relating to a tenant's premises at the Florence Mall, with which a separate settlement agreement has been reached between the Plaintiff or another client of the ADA Group, LLC, covering the same items included in the Complaint; 3. Any items included in the Complaint which have already been corrected or modified, whether by Defendant or otherwise, so as to be in compliance with the ADA; 4. And any items which may be impossible to fully correct or modify due to feasibility and/or impracticability of structure or cost, but Defendant shall endeavor to correct or modify to the fullest extent possible to provide accessibility. · ·--......-B. An award for the costs for the filing of this action and for obtaining service of process. C. An award for reasonable attorney's fees incurred by Plaintiff through the date of service of this Offer in the amount $ 18, 500. 00. D. This Offer is intended to resolve all claims raised or which could have been raised in this litigation, including attorney's fees and taxable costs. Dated this _ H _ day of _ JULY, 2015. Dated this day of 2015. Heath F. Trousdale (TRO006) Attorney for the Defendant 102 S. Court Street, Suite 319 Florence, Alabama 35630 (256) 767-1058 these "------.-..--Case 3: 15-cv-00443-HGD Document 15-1 Filed 07/21/15 Page 3 of 3 I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment was furnished to LANDIS SEXTON, The ADA Group, LLC, 2047 Carter Hill Road, Montgomery, Alabama, 36106 by U. S. Mail and email, this (K _ day of _ JULY 2015. Heath F. Trousdale (TRO006) \ Attorney for the Defendant

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Description
1
03/16/2015
COMPLAINT against Hull, Storey, & Gibson Companies, LLC (Filing fee $ 400.00 w/ receipt #B4601060754) filed by John Smith.
1
Complaint Part 2
2
Exhibit 1
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Exhibit A
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Exhibit B
5
Exhibit C
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Exhibit D
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Exhibit E
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Exhibit F
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Exhibit G
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Exhibit H
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Exhibit I
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Exhibit J
12 Attachments
2
03/16/2015
NOTICE of Conflict Disclosure by John Smith. (SPT)
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03/17/2015
Summons Issued as to Hull, Storey, & Gibson Companies, LLC by Clerk for service by certified mail. (SPT)
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03/17/2015
NOTICE Regarding Consent to a United States Magistrate Judge. (SPT)
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03/23/2015
SUMMONS Returned Executed as to Defendant Hull, Storey, & Gibson Companies, LLC by John Smith with no date of delivery on green car. (SPT)
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04/06/2015
ANSWER to 1 Complaint, by Hull, Storey, & Gibson Companies, LLC.
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04/06/2015
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS as more fully set out in order. Signed by Magistrate Judge Harwell G Davis, III on 04/06/15. (SPT)
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04/06/2015
ORDER that the parties are notified that, unless they unanimously consent to the exercise of jurisdiction by a magistrate judge by no later than May 21, 2015, the case will be reassigned to a randomly-drawn judge for all purposes. Signed by Magistrate Judge Harwell G Davis, III on 04/06/15. (SPT)
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04/06/2015
ORDER that a telephone conference is set for May 6, 2015 at 9:45 AM Signed by Magistrate Judge Harwell G Davis, III on 04/06/15. (SPT)
05/01/2015
TEXT ORDER that the telephone status conference set for 5/6/15 is RESET for 5/7/15 at 9:45 AM Signed by Magistrate Judge Harwell G Davis, III on 5/1/15. (Text entry; no document attached.)
05/01/2015
Reset Hearings: Telephone Status Conference is re-set for 5/7/2015 at 9:45 AM (SPT) (Text entry; no document attached.)
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05/07/2015
CONSENT to Jurisdiction by US Magistrate Judge by John Smith and Hull, Storey, & Gibson Companies, LLC. (SPT)
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05/11/2015
UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Magistrate Judge Harwell G Davis, III on 5/11/2015. (AHI)
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06/01/2015
REPORT of Rule 26(f) Planning Meeting.
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06/12/2015
SCHEDULING ORDER: that certain time limits and deadlines apply as set out in this order; Discovery due by 10/30/2015; Dispositive Motions due by 11/30/2015; Trial ready on or after 3/8/2016. Signed by Magistrate Judge Harwell G Davis, III on 6/12/2015.
1
https://ecf.alnd.uscourts.gov/doc1/01913893224" onClick="goDLS{{'/doc1/01913893224','154597','35','','2','1','',''}};">1</a> Pretrial Conference Instructions)
1 Attachment
14
06/12/2015
QUALIFIED HIPAA PROTECTIVE ORDER that certain documents and information shall remain confidential as set out in this order. Signed by Magistrate Judge Harwell G Davis, III on 6/12/2015.
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07/21/2015
NOTICE of Acceptance with Offer of Judgment by John Smith
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Exhibit A
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Exhibit B
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Exhibit C
3 Attachments
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07/22/2015
MEMORANDUM OPINION as more fully set out in order. Signed by Magistrate Judge Harwell G Davis, III on 07/22/15. (SPT)
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07/22/2015
FINAL JUDGMENT; It is ordered that judgment is entered in favor of the Plaintiff, John Smith, and against the Defendant, Hull, Storey, & Gibson Companies, LLC as more fully set out; this action is dismissed with prejudice; the court retains jurisdiction for the purpose of enforcing the terms of the settlement and this Final Judgment. Signed by Magistrate Judge Harwell G Davis, III on 07/22/15. (SPT)
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