Donaldson v. Shree Hari, LLC et al

Filing 19

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 17 recommendation is adopted. (2) Plaintiff Grace Donaldson's 11 motion to enforce settlement agreement is granted. (3) Th e parties shall be bound by the terms of the Full and Complete Release (doc. no. 11 -1). (4) Defendants Shree Hari, LLC, and Shriji Realty, LLC, are to do the following, as further set out in order. The clerk of the court is DIRECTED to enter this d ocument on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. This case is closed. Signed by Honorable Judge Myron H. Thompson on 7/22/2015. (Attachments: # 1 Civil Appeals Checklist)(kh, ) Modified on 7/22/2015 (kh, ). (Main Document 19 replaced on 7/22/2015 to correct typographical error in Plaintiff's name) (kh, ). Modified on 7/22/2015 (kh, ).

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

GRACE DONALDSON,

)
)
Plaintiff,
)
)
v.
)
)
SHREE HARI, LLC, a
)
Domestic Limited Liability )
Company, and SHRIJI
)
REALTY, LLC, a Domestic
)
Limited Liability Company, )
)
Defendants.
)

CIVIL ACTION NO.
3:14cv686-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 17) is adopted.
(2) Plaintiff Grace Donaldson’s motion to enforce
settlement agreement (doc no. 11) is granted.
(3) The parties shall be bound by the terms of the
Full and Complete Release (doc. no. 11-1).

(4) Defendants Shree Hari, LLC, and Shriji Realty,
LLC, are to do the following:
a.

They

will

relocate

the

existing

designated

accessible parking space to the front of the building
and stripe off an 8-foot access-aisle adjacent to the
curb ramp such that it begins at but does not impinge
upon the curb-ramp flares. This relocated space shall
measure 8-feet wide.
b. They will install upright signage at the above
referenced
displaying

relocated
the

accessible

International

Symbol

parking
of

space

Accessibility

accompanied by a sign indication that the space is “van
accessible”.
c. They will remediate the existing front entrance
curb ramp to comply with the requirements under the
Americans

with

Disabilities

Act,

U.S.C.

§

12181

et

seq., for curb-ramp slopes and flares.
d.

They

will

adjust

the

existing

restroom

door

closer so that they require less than 5-foot pounds of
pressure to open/close and allows minimum of 5 seconds

to

close

from

an

open

position

of

90

degrees

to

a

position of 12 degrees.
e. They will lower the existing grab bars in the
restrooms such that they are no less than 33 inches
above the finish floor and no more than 36 inches above
the finish floor.
f. They will lower the toilet paper dispensers so
that there exists a minimum of 1 ½ inches of clearance
for the grab bar above.
g.

They

will

insulate

will

replace

the

plumbing

beneath

the

lavatories.
h.

They

lavatories

with

levers

or

the

existing

other

knobs

operable

on

parts

the
such

that said parts may be operated with one hand and do
not require tight grasping, pinching, or twisting of
the wrist.
i. They will create an area of the cashier counter
which is no greater than 36 inches above the finish
floor and is 36 inches wide with a front-to-back depth
equal to that of the existing countertop.

The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is closed.
DONE, this the 22nd day of July, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

Civil