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 )

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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 ) ) ) ) ) ) ) ) ) ) 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. ยง 636(c). The court finds that judgment is due to be 1 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 Page 2 of 2

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