Case 3:09-cv-02137-N Document 39 Filed 06/06/11 Page 1 of 3 PageID 626

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

APRIL GILLILAND, CHARLIE §

PATEL, JAINE LONDON, DENA §
MCDONALD, JEFF YOUNGBLOOD §
and CAROLYN THOMI, §
Plaintiffs, § CIVIL ACTION NO 3:09-CV-2137-N
v. § ECF
§
CITY OF DALLAS, §
Defendant. §

AGREED FINAL JUDGMENT

On this day, Plaintiffs and Counterdefendants, April Gilliland (“Gilliland”), Charlie Patel

(“Patel”), Dena McDonald (“McDonald”), Carolyn Thomi (“Thomi”) and Jeff Youngblood

(“Youngblood”) (collectively “Plaintiffs”), and Defendant and Counterplaintiff, the City of

Dallas (the “City”), submitted this Agreed Final Judgment (“Final Judgment”) for entry by this

Court. Plaintiffs appeared by and through their counsel, and the City appeared by and through its

counsel. Upon consideration of the pleadings and the agreement by the parties evidenced by

their signatures below, the Court finds good cause to enter this Final Judgment.

Further, the Court hereby finds:

Plaintiffs, with the exception of Jeff Youngblood, are individuals who operate businesses

within the City of Dallas and display signs on the exterior of those businesses. Jeff Youngblood

owns a business in Irving, Texas, which sells signs. Gilliland’s business is located at 10225

North Central Expressway, Dallas, Texas; Patel’s business is located at 3001 Knox Street,

Dallas, Texas; McDonald’s business is located at 2715 McKinney Avenue, Dallas, Texas; and

Thomi’s business is located at 9845 Walnut Hill Lane, Dallas, Texas (collectively “Businesses”).

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The City of Dallas is a home-rule municipal corporation situated in Dallas County,

Texas, incorporated and operating under the laws of the State of Texas. By the proper and duly

authorized signatures at the end of this Final Judgment, the City and Plaintiffs have represented

to the Court, and based on those representations, the Court finds the following:

a) that the parties understand the terms of the Final Judgment;

b) that the parties have agreed to the terms of the Final Judgment;

c) that this Final Judgment represents a compromise and settlement of all matters
placed in issue by the Plaintiffs' First Amended Complaint and the City's
Counterclaim;

d) that the parties have consulted with their respective legal counsel or have been
given adequate opportunity to consult with their legal counsel prior to entering
into this Final Judgment;

e) that the parties willingly and freely agreed to and signed this Final Judgment;

f) that the parties have requested the Court to approve this Final Judgment;

g) that the parties have knowingly and voluntarily waived the right of appeal of this
Final Judgment;

h) that the parties acknowledge that this Final Judgment is sufficiently clear and
unambiguous so as to comply with the Federal Rules of Civil Procedure;

i) that the parties acknowledge receipt of copies of this Final Judgment;

j) that the parties have actively participated in the negotiations leading up to this
Final Judgment and are aware of the duties, if any, placed on them by it.

IT IS THEREFORE ORDERED, ADJUDGED AND AGREED that the Final Judgment

is approved pursuant to the terms set forth herein;

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs shall

immediately cease and desist from violating those provisions of Article VII, Chapter 51A of the

Dallas City Code, relating to the placement of signage on the upper two-thirds of, or more than

fifteen percent of, the windows of the Businesses, or lettering that exceeds the eight word limit.

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IT IS FURTHER ORDERED, ADJUDGED AND AGREED that Plaintiffs hereby

dismiss their claims in this lawsuit with prejudice to their future re-filing, including their claims

for declaratory and injunctive relief, damages, attorney’s fees, and court costs.

IT IS FURTHER ORDERED, ADJUDGED AND AGREED that the City hereby

dismisses its claims that have been alleged in this lawsuit with prejudice to the future re-filing of

same, including its claims, if any, for declaratory relief, damages, attorney’s fees and court costs.

Additionally, the City waives any claims for civil penalties that may have accrued to date in

connection with the Plaintiffs’ operation of the Businesses as it relates to the violations of Article

VII, Chapter 51A of the Dallas City Code alleged by the City in this lawsuit, but the City does

not waive any future claim for civil penalties, in a court of proper jurisdiction, that may accrue

for violations of any City ordinances by Plaintiffs after the filing of this judgment.

IT IS FURTHER ORDERED, ADJUDGED AND AGREED this is a final judgment that

disposes of all parties and claims and any relief not specifically granted herein is denied with

prejudice and that costs of court shall be taxed against the Party incurring them and each party

shall bear their own attorney’s fees.

IT IS FURTHER ORDERED, ADJUDGED AND AGREED that the Clerk of this Court

shall enter final judgment in this matter, according to the provisions of Rule 58 of the Federal

Rules of Civil Procedure and in accordance with the terms of this Final Judgment. Judgment

shall be so entered.

Signed June 6, 2011.

_________________________________________
David C. Godbey
United States District Judge

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