Smith v. Hull, Storey, & Gibson Companies, LLC

Filing 16

MEMORANDUM OPINION as more fully set out in order. Signed by Magistrate Judge Harwell G Davis, III on 07/22/15. (SPT )

FILED
2015 Jul-22 AM 10:57
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
JOHN SMITH,
Plaintiff
vs.
HULL, STOREY & GIBSON
COMPANIES, LLC,
Defendant

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Case No. 3:15-cv-00443-HGD

MEMORANDUM OPINION
Plaintiff has filed a Rule 68 Proof of Service on the Offer and Acceptance of
Judgment. (Doc. 15). Defendant, Hull, Storey, & Gibson Companies, LLC,1
provided an Offer of Judgment to plaintiff on July 17, 2015. (Doc. 15-1). The same
day, plaintiff sent notice to defendant of his acceptance of the Offer of Judgment by
email and by overnight FedEx. (Doc. 15-2). Defendant received the acceptance on
July 20, 2015, within the 14-day time frame prescribed by Rule 68(a), Fed.R.Civ.P.
(Doc. 15-3).
The parties have consented to the jurisdiction of the undersigned magistrate
judge pursuant to 28 U.S.C. § 636(c). The court finds that judgment is due to be

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Defendant has stated in its answer that its correct name is Hull Storey Retail Group L.L.C.,
d/b/a Hull Property Group. See Doc. 6, Answer, at 1.

entered in favor of plaintiff, John Smith, and against defendant, Hull, Storey, &
Gibson Companies, LLC (Hull Storey Retail Group L.L.C., d/b/a Hull Property
Group), in accordance with the terms of the Offer of Judgment provided by defendant
and accepted by plaintiff.
A separate Final Judgment in accordance with this Memorandum Opinion will
be entered contemporaneously herewith.
DONE this 22nd day of July, 2015.

HARWELL G. DAVIS, III
UNITED STATES MAGISTRATE JUDGE

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