Our Town et al v. The United States of America

Filing 34

SUPPLEMENTAL JUDGMENT: IT IS HEREBY ORDERED AND ADJUDGED that the 33 joint motion for entry of consent order is granted as follows: (1) The Civil Money Penalty imposed by the Government in the amount of $66,000 is hereby set aside without prej udice, and the Government is prohibited from seeking said penalty for actions by Plaintiffs occurring before November 4, 2014, that involved an alleged transfer of ownership of Our Town Grocery to Michelle Suchaski. (2) The Government is not prohibit ed from seeking in the future a Civil Money Penalty authorized by 7 U.S.C. § 2021(e) against Plaintiffs for a transfer of the ownership of Our Town Grocery which occurs or may have occurred since November 4, 2014. (3) In accord with this Court&# 039;s 32 Judgment of November 4, 2104, each party is to bear its own costs associated with this action. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. This case remains closed. Signed by Honorable Judge Myron H. Thompson on 1/12/2015. (Attachments: # 1 Civil Appeals Checklist)(kh, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
OUR TOWN and
GARY HOWARD WILLIAMS,
Plaintiffs,
v.
THE UNITED STATES
OF AMERICA,
Defendant.

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) Civil Action NO.: 3:13-CV-487-MHT
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(WO)
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SUPPLEMENTAL JUDGMENT
WHEREAS, OUR TOWN (“Plaintiff “ENTITY”), GARY HOWARD
WILLIAMS (hereinafter “WILLIAMS”) (collectively “Plaintiffs”) and THE
UNITED STATES OF AMERICA (hereinafter “Government”) have reached a
mutual resolution of the dispute forming the basis for this Action; and
WHEREAS, the Parties have submitted evidence to support the findings and
conclusions set forth in this Order; and
WHEREAS, the Parties have consented to the terms of this Order;
IT IS HEREBY ORDERED AND ADJUDGED that the joint motion for
entry of consent order (doc. no. 33) is granted as follows:

(1)

The Civil Money Penalty imposed by the Government in the amount

of $66,000 is hereby set aside without prejudice, and the Government is prohibited
from seeking said penalty for actions by Plaintiffs occurring before November 4,
2014, that involved an alleged transfer of ownership of Our Town Grocery to
Michelle Suchaski.
(2)

The Government is not prohibited from seeking in the future a Civil

Money Penalty authorized by 7 U.S.C. § 2021(e) against Plaintiffs for a transfer of
the ownership of Our Town Grocery which occurs or may have occurred since
November 4, 2014.
(3)

In accord with this Court’s Judgment of November 4, 2104 (doc. no.

32), each party is to bear its own costs associated with this action.
The clerk of the court is DIRECTED to enter this document on the civil
docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure.
This case remains closed.
Done, this the 12th day of January, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE