Weldon v. Brock Properties, Inc., et al.

Filing 37

ORDER directing as follows: (1) ADOPTING 36 REPORT AND RECOMMENDATION of the Magistrate Judge and the 29 MOTION for entry of Default Judgment against SEC Restaurant Group, Inc. is GRANTED in part and DENIED in part; (2) The following injunctiv e relief is imposed on SEC Restaurant Group, Inc. at the Pizza Hut property operated at 4581 U.S. 280, Alexander City, Alabama, to be accomplished within 90 days of this Order, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 11/3/16. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

DALLAS WELDON,

)
)
)
) Civil Action No. 3:15CV449-WHA-GMB
)
)

Plaintiff,
v.
SEC RESTAURANT GROUP, INC.,
Defendant.

)
)
)
ORDER

This cause is before the court on the Report and Recommendation of the Magistrate
Judge, to which no timely objection has been filed. Upon consideration of the Report and
Recommendation, a review of the file, and no objections having been made, it is hereby
ORDERED as follows:
1.

The Recommendation is Adopted and the Motion for Entry of Default Judgment
against SEC Restaurant Group, Inc. (Doc. #29) is GRANTED in part and DENIED in
part.

2. The following injunctive relief is imposed on SEC Restaurant Group, Inc. at the Pizza
Hut property operated at 4581 U.S. 280, Alexander City, Alabama, to be
accomplished within 90 days of this Order.
a. Provide accessible parking spaces marked with an upright sign containing the
International Symbol of Accessibility;
b. Designate accessible parking spaces on the shortest route of travel to

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an accessible entrance;
c. Correct the curb ramp’s slope, rise, side slope, and changes in level;
d. Reduce the amount of force required to open the entrance to the men’s
restroom;
e. Correct the distance from the toilet in the men’s restroom to the
adjacent side wall;
f. Reduce the height of the urinal in the men’s restroom;
g. Correct the location of the flush control on the toilet in the men’s
restroom;
h. Install a rear wall grab bar servicing the toilet in the men’s restroom;
i. Correct the faucet controls in the men’s restroom.
j. Weldon is awarded attorney’s fees in the amount of $5,827.50.
A separate Judgment will be entered in accordance with this Order.
Done this 3rd day of November, 2016.
/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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