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Smith v. Hull, Storey & Gibson Companies, LLC

United States District Court, N.D. Alabama, Northwestern Division

July 22, 2015

JOHN SMITH, Plaintiff
v.
HULL, STOREY & GIBSON COMPANIES, LLC, Defendant

MEMORANDUM OPINION

HARWELL G. DAVIS, III, Magistrate Judge.

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 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.


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