Judy v. Dolphin Key Resort, LLC

Filing 19

ORDER granting 18 the Joint Motion for Approval and Entry of Consent Decree. The Consent Decree is APPROVED and ENTERED. The Court does not retain jurisdiction over this matter for the purpose of enforcement of the settlement; This action is DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 6/9/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JEFFREY JOEL JUDY,
Plaintiff,
v.

Case No:2:15-cv-125-FtM-38-SPC-CM

DOLPHIN KEY RESORT, LLC,
Defendant.
/
FINAL ORDER APPROVING AND ENTERING CONSENT DECREE AND
DISMISSING CASE WITH PREJUDICE1

This matter is before the Court upon the Parties’ Joint Motion for Approval and
Entry of Consent Decree and to Dismiss with Prejudice, filed April 28, 2015. (Doc. #18).
The Court has carefully reviewed the Consent Decree and is otherwise fully advised.
Plaintiff brought suit against Defendant, a hotel, on February 26, 2014 for violations
of Title III of the Americans with Disabilities Act allegedly resulting in Plaintiff’s difficulty
accessing Defendant’s goods and services because of architectural barriers. (Doc. #1).
Defendants filed a Notice of Settlement (Doc. #16), after which the Court ordered
this case to be administratively closed (Doc. #17). The Parties now move the Court to
enter a Consent Decree and to Dismiss with Prejudice. Although the Parties request that

1

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the Court maintain jurisdiction over the matter, the Consent Decree states the facility is
ADA compliant. As a general rule, this Court does not retain jurisdiction over matters that
are resolved and declines to do so in this case.
Accordingly, it is now
ORDERED:
(1) The Joint Motion for Approval and Entry of Consent Decree (Doc. #18) is
hereby GRANTED;
(2) The Consent Decree is APPROVED and ENTERED.
(3) The Court does not retain jurisdiction over this matter for the purpose of
enforcement of the settlement;
(4) This action is DISMISSED with prejudice. The Clerk of the Court is directed to
enter judgment accordingly, terminate any pending motions and deadlines, and
close the file.
DONE AND ORDERED in Fort Myers, Florida this 9th day of June 2015.

Copies: All Parties of Record