Duggan Family Partnership LLP v. City of Jeffersonville, Georgia

Filing 20

CONSENT ORDER. Ordered by Judge Marc Thomas Treadwell on 4/14/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

DUGGAN FAMILY PARTNERSHIP, LLP, :
:
Plaintiff,
:
:
v.
:
:
CITY OF JEFFERSONVILLE,
:
GEORGIA,
:
:
Defendant.
:
:

Civil Action No.

5:10-CV-00476-MIT

CONSENT ORDER
The Court having been advised that the parties have agreed to the entry of this Consent
Order, and the consent of the parties being evidenced by the signatures of counsel of record
affixed below, it is
ORDERED AND ADJUDGED that the Consent Order entered in Civil Action No. 5:09CV-194 in the United States District Court for the Middle District of Georgia on March 17, 2010
(Dkt. 24) shall continue to remain in force and effect except as supplemented herein, and,
further, it is
ORDERED AND ADJUDGED that the four remedial items described in the Joint Report
of the parties filed in the above matter on April 5, 2011 (Dkt. 19) shall be completed no later
than June 6, 2011 except that such date may be extended, if necessary, pursuant to the FORCE
MAJEURE provision in the Consent Order entered in Civil Action No. 5:09-CV-194 described
above, and, further, it is

ORDERED AND ADJUDGED that the Plaintiff shall not recover any monetary penalty
by way of sanctions as sought in the Complaint and Motion for Sanctions in the above-captioned
case and, further, it is
ORDERED AND ADJUDGED that the Defendant shall pay to Plaintiff the discounted
amount of $12,500.00 representing full payment of the Plaintiff’s attorney’s fees and expenses
incurred as a result of the need to file this action which payment must be made within 45 days
form the entry of this Order. To be considered timely, the payment must be delivered to the
office of counsel for Plaintiff at the address shown below by 5:00 p.m. on the 45th day following
the entry of this Order and, further, it is
ORDERED AND ADJUDGED that in the event the Plaintiff defaults on the payment of
$12,500.00 described above, the Plaintiff shall be entitled immediately to file an affidavit with
the Clerk of the United States District Court for the Middle District of Georgia establishing that a
default has occurred and establishing the total amount of attorney’s fees and expenses actually
incurred by the Plaintiff in connection with the above matter from October 4, 2010 through the
date the Plaintiff files the default affidavit and the Plaintiff shall attach to the default affidavit
itemized time entries establishing the amount of attorney’s fees and expenses to be awarded, and,
further, it is
ORDERED AND ADJUDGED that a copy of the default affidavit shall be served, by
certified mail, on counsel for Defendant at the address shown below and the Defendant shall
have ten days from receipt of the default affidavit by counsel for Defendant within which to file
any objection to the fees sought by Plaintiff, and, further, it is
ORDERED AND ADJUDGED that in the event no objection to the default affidavit is
filed within the ten day period, the Plaintiff shall be entitled to cause the Clerk of United States

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District Court to issue the writ of execution in the amount stated in the affidavit and the Plaintiff
may then proceed with enforcement efforts in all respects allowed under the laws of the State of
Georgia; and, further, it is
ORDERED AND ADJUDGED that this Order may be enforced, if necessary, by the
filing of a Motion for Sanctions; and, further, it is
ORDERED AND ADJUDGED that upon timely compliance by Defendant with the
requirements of this Order, the parties shall cause a stipulation of dismissal with prejudice to be
filed with the Clerk of this Court.
SO ORDERED this 14th day of April, 2011.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
CONSENTED TO BY:
STONE & BAXTER, LLP
By:

STACK & ASSOCIATES, P.C.
By:
/s/ Donald D.J. Stack (with express permission

/s/ Ronald C. Thomason
Ronald C. Thomason
Georgia Bar No. 706900
577 Mulberry St., Suite 800
Macon, Georgia 31201
[phone]
[phone] (fax)
Counsel for Plaintiff

by Ronald C. Thomason

Donald D.J. Stack
Georgia Bar No. 673735
7 East Congress Street, Suite 404
Savannah, Georgia 31401
[phone]
[phone] (fax)
Counsel for Defendant

G:\CLIENTS\Duggan, Jr. Charles A\Pleadings\Consent Order 3.1.10 Draft.doc

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