Filed: Dec. 21, 2015
Latest Update: Dec. 21, 2015
Summary: REPORT AND RECOMMENDATION GREGORY J. KELLY , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT AND FOR DISMISSAL (Doc. No. 18) FILED: September 22, 2015 THEREON it is RECOMMENDED that the motion be GRANTED, the Court APPROVE the parties' Settlement Agreement (Doc. No. 18-1), incorporate the terms of the Settlement Agreement into the Court's order of dismiss
Summary: REPORT AND RECOMMENDATION GREGORY J. KELLY , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT AND FOR DISMISSAL (Doc. No. 18) FILED: September 22, 2015 THEREON it is RECOMMENDED that the motion be GRANTED, the Court APPROVE the parties' Settlement Agreement (Doc. No. 18-1), incorporate the terms of the Settlement Agreement into the Court's order of dismissa..
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REPORT AND RECOMMENDATION
GREGORY J. KELLY, Magistrate Judge.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT
AGREEMENT AND FOR DISMISSAL (Doc. No. 18)
FILED: September 22, 2015
THEREON it is RECOMMENDED that the motion be GRANTED, the
Court APPROVE the parties' Settlement Agreement (Doc. No. 18-1),
incorporate the terms of the Settlement Agreement into the Court's order of
dismissal, DISMISS the case with prejudice, and retain jurisdiction for one
(1) year to enforce the terms of the Settlement Agreement.
On May 13, 2015, Bruce Larkin (the "Plaintiff") filed a complaint (the "Complaint") against Family Dollar Stores of Florida, Inc. (the "Defendant"), pursuant to the Americans With Disabilities Act (the "ADA"), 42 U.S.C. § 12181 et. seq., alleging that Defendant's place of public accommodation (the "Premises") has certain physical and architectural barriers, which restrict and/or limit Plaintiff's access to the entrance, goods and services, the public restrooms. Doc. No. 1 at 1-4.
On September 15, 2015, the Plaintiff filed a Notice of Settlement. Doc. No. 16. On September 16, 2015, the Court entered an order administratively closing the case, subject to the right of any party to file within sixty (60) days a stipulated form of final order or judgment, or a motion to reopen the case. Doc. No. 17 at 1. On September 22, 2015, the parties filed a Joint Motion for Approval of Settlement and for Dismissal (the "Motion"). Doc. No. 18. On September 25, 2015, the Court entered an order referring the Motion to the undersigned for a report and recommendation. See Doc. No. 19.
In the Motion, the parties request that the Court enter an order approving their Settlement Agreement (Doc. No. 18-1); retaining jurisdiction to enforce the terms of the Settlement Agreement (Doc. No. 18-2 at 1); and otherwise dismissing the case with prejudice. Doc. No. 18 at 3.1 The Settlement Agreement provides that Defendant: "agrees to modify the Premises by addressing each of the violations specifically described in Paragraphs A through F, H through J, and L of Plaintiff's `ADA Compliance Report,' dated July 5, 2015, and, as to those specific issues, modifying the Premises, as necessary, to bring those elements into compliance with the 2010 ADA Accessibility Standards." Doc. No. 18-1 at 2. The Settlement Agreement further provides: "All alterations, modifications, and policies required by this Agreement shall be completed by [Defendant] within one year from the effective date of this Agreement." Doc. No. 18-1 at 2. Upon completion of the work, Defendant shall provide Plaintiff, through counsel, with written notice and Plaintiff shall have thirty (30) days to make inspection and verify that the modifications comply with the terms of the Settlement Agreement. Doc. No. 18-1 at 2.
Having reviewed the parties' Motion (Doc. No. 18), the Settlement Agreement (Doc. No. 18-1), and the parties' proposed order (Doc. No. 18-2), the undersigned RECOMMENDS that the Court GRANT the Motion (Doc. No. 18) as follows:
1. Enter an order approving the Settlement Agreement and adopting the terms therein;
2. Dismissing the case with prejudice; and
3. Retaining jurisdiction for one (1) year from the date of the Court's order to enforce the terms of the Settlement Agreement.2
NOTICE TO PARTIES
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.
