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Tidwell v. Krishna Q Invs., LLC

United States District Court, N.D. Georgia, Atlanta Division

December 18, 2012

TIMOTHY TIDWELL, Plaintiff,
v.
KRISHNA Q INVESTMENTS, LLC, d/b/a Quality Inn & Suites Atlanta Airport South, Defendant

For Timothy Tidwell, Individually, Plaintiff: Jacqueline London, LEAD ATTORNEY, PRO HAC VICE, The Law Offices of JYLondon, Esq., P.A., Jupiter, FL; Keary Floyd, LEAD ATTORNEY, Keary Floyd, Esq., Lawrenceville, GA.

For Krishna Q Investments, LLC, doing business as Quality Inn & Suites Atlanta Airport South, Defendant: Stephen M. Katz, The Katz Law Group, LLC, Marietta, GA; Victor Severin Roberts, Barrett & Farahany, LLP, Atlanta, GA.

OPINION

Page 1355

WILLIAM S. DUFFEY, JR., UNITED STATES DISTRICT JUDGE.

OPINION AND ORDER

This matter is before the Court on Krishna Q Investments, LLC's (" Defendant" ) Motion for Attorneys' Fees (" First Motion for Attorneys' Fees" ) [19] and Second Motion for Attorney's Fees [23], and Timothy Tidwell's (" Plaintiff" ) Motion to Vacate Clerk's Judgment for Costs to Defendant [25].

I. BACKGROUND[1]

On June 28, 2010, Plaintiff filed his Complaint requesting declaratory relief, injunctive relief, attorney's fees, litigation expenses, and costs for alleged violations of Title III of the Americans with Disabilities Act of 1990 (" ADA" ), 42 U.S.C. § 12181, et seq. (Compl. at 1, 15-16). On September

Page 1356

28, 2010, Plaintiff filed a proof of service that indicated service was made upon the General Manager of Defendant's hotel, Mr. Alex Limbachia (" Limbachia" ), after that individual indicated he could accept service on behalf of Defendant [5]. [2]

On November 4, 2010, Plaintiff filed a Request for Clerk to Enter Default [6], which was approved and entered that day. On May 26, 2011, Plaintiff filed his Motion for Default Judgment [7].

On August 23, 2011, the Court ordered that a hearing be held on September 20, 2011, regarding Plaintiff's Motion for Default Judgment [8].

On September 10, 2011, the General Manager of Defendant's hotel in Georgia received copies of the Court's August 23, 2011, Opinion and Order, and Plaintiff's Motion for Default Judgment from Plaintiff's counsel in the mail and forwarded the documents to Defendant's Managing Member and Registered Agent, Nimesh Bhagat (" Bhagat" ), in California. (Def.'s Memo. of Law in Supp. of Mot. to Set Aside Entry of Default and Opp'n to Pl.'s Mot. for Default J. at 13-14; Decl. of Nimesh Bhagat ¶ ¶ 28-29). Prior to September 10, 2011, Bhagat and Defendant had no knowledge of this case. (Id.).

On September 12, 2011, Plaintiff filed a request for stay of the hearing scheduled for September 20, 2011, and stated that materials regarding the case " had [previously] been delivered to" someone other than Defendant, that Defendant was now aware of the case, and the parties were working toward settlement [9]. Plaintiff requested a stay of the previously-scheduled hearing for six weeks, which was granted by the Court. Defendant claims that there was no discussion of settlement at the time Plaintiff filed his request for a stay of the hearing. (Decl. of Nimesh Bhagat ¶ 31).

On October 13, 2011, counsel for Defendant filed a Notice of Appearance [10]. On October 20, 2011, Defendant filed a Motion to Set Aside Entry of Default and Opposition to Motion for Default Judgment [12].

On November 1, 2011, Plaintiff requested an extension of time to file a response to Defendant's Motion to Set Aside Entry of Default [13]. On November 2, 2011, the Court granted Plaintiff an extension until ...


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