2012-20-08 vibe settlement offer

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4843-2829-8768.1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

PHAEDRA C. PARKS, )

)

Plaintiff, ) CIVIL ACTION

v. )

) FILE NO.: 1:12-CV-01779-WSD

VIBE HOLDINGS, LLC, )

)

Defendant. )

DEFENDANT’S OFFER OF SETTLEMENT TO PLAINTIFF

COMES NOW Defendant VIBE Holdings, LLC, and hereby makes the

following Offer of Settlement to Plaintiff Phaedra Parks, pursuant to O.C.G.A. § 9-

11-68:

I. THE OFFER OF SETTLEMENT

A. This Offer of Settlement is made pursuant to O.C.G.A. § 9-11-68.

B. The Party making this Offer of Settlement is the Defendant VIBE Holdings,

LLC.

C. The Party to whom this Offer of Settlement is made is Plaintiff Phaedra

Parks.

D. The claims the Defendant seeks to resolve by this Offer of Settlement are as

follows:

Case 1:12-cv-01779-WSD Document 9 Filed 08/20/12 of 6



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The entirety of the tort claims made, and all damages sought thereby, byPlaintiff against Defendant (including all resultant costs, interest, and

attorneys’ fees) in the above-referenced action.

E. The relevant conditions of this Offer of Settlement are as follows:

1. Payment Date. Defendant will pay Plaintiff the amounts set forthherein within 30 days of the date on which Defendant’s counsel firstreceives written and enforceable notice of Plaintiff’s acceptance of theOffer of Settlement.

2. Dismissal. Plaintiff agrees to dismiss with prejudice, within three

business days of receipt of the funds referenced in this Offer ofSettlement, any and all claims Plaintiff has made against Defendant inthe above-referenced action.

3. Release. This Offer of Settlement is made in anticipation of a full,complete, and global release by Plaintiff of Defendant. Specifically,Plaintiff’s acceptance of this Offer of Settlement shall constitutePlaintiff’s agreement, consent, and declaration that she fully, finally,and forever releases and discharges Defendant, as well as their

Insurers, and each of their successors, assigns, officers, directors,shareholders, agents, affiliates, attorneys, and employees, as well aseach of their parent companies, subsidiaries, and affiliates, and eachof their respective owners, officers, agents, employees, andrepresentatives (legal and personal) from any and all claims orobligations, causes of action, demands, complaints, damages, losses,occurrences, and liabilities of any kind whatsoever, whether based intort or in contract or otherwise, whether currently known or unknown,and whether they currently exist or which may arise in the future forany act or omission occurring on or before the date of Plaintiff’s

acceptance of this Offer of Settlement.

F. Total amount of this Offer of Settlement is $2,500.00.

G. Punitive damages, attorneys’ fees and other expenses are purportedly part of

Plaintiff’s legal claim. To this extent, the amount set forth in the preceding




4843-2829-8768.1 - 3 -

paragraph, $2,500.00, includes payment of all resultant claims for punitive

damages, interest, costs, penalties, and attorneys’ fees.

II. PROCEDURE UNDER § 9-11-68

Pursuant to O.C.G.A. § 9-11-68(c), this offer shall remain open for 30 days

unless sooner withdrawn by a writing from Defendant’s counsel served upon you

prior to acceptance. Any counteroffer shall be deemed a rejection but may serve as

an independent offer under O.C.G.A. § 9-11-68 if it is specifically denominated as

such and meets the requirements thereof.

Acceptance or rejection of this offer by you must be in writing and served

upon counsel for Defendant. If this offer is not withdrawn by Defendant nor

accepted by you within 30 days, it shall be deemed rejected. Evidence of this offer

is not admissible except in proceedings to enforce a settlement or to determine

reasonable attorneys’ fees and costs under O.C.G.A. § 9-11-68.

If Plaintiff rejects this Offer of Judgment, Defendant shall be entitled to

recover the reasonable attorneys’ fees and expenses of litigation they incur or

which are incurred on Defendant’s behalf from the date of rejection of this Offer of

Judgment through the entry of final judgment if such final judgment is one of no

liability or if the final judgment obtained by Plaintiff is less than 75 percent of this

Offer of Judgment.




4843-2829-8768.1 - 4 -

This 20th day of August, 2012.

1180 Peachtree Street, NESuite 2900Atlanta, Georgia 30309404.348.8585 (telephone)404.467.8845 (facsimile)

[email protected] [email protected]

LEWIS BRISBOIS BISGAARD & SMITH LLP

/s/Leron E. Rogers___________Leron E. RogersGeorgia Bar No.: 482620Danielle K. BerryGeorgia Bar No.: 159029

Attorneys for Defendant


mailto:[email protected]








4843-2829-8768.1 - 5 -

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

PHAEDRA C. PARKS, )

)

Plaintiff, ) CIVIL ACTION

v. )

) FILE NO.: 1:12-CV-01779-WSD

VIBE HOLDINGS, LLC, )

)Defendant. )

CERTIFICATE OF SERVICE

I hereby certify that on this date, I electronically filed the foregoing

DEFENDANT’S OFFER OF SETTLEMENT TO PLAINTIFF with the Clerk

of Court using the CM/ECF system which will automatically send email

notification of such filing to the following:

L. Lin Wood, Esq.Stacey G. Evans, Esq.1180 West Peachtree Street

Suite 2400Atlanta, GeorgiaTel. (404) 891-1402

Brenda Joy “B.J.” Bernstein, Esq. The Bernstein Firm, P.C.1180 Peachtree Street

Suite 2210Atlanta, Georgia 30309Tel. (404) 522-1200

This 20th day of August, 2012.




4843-2829-8768.1 - 6 -

1180 Peachtree Street, NESuite 2900Atlanta, Georgia 30309404.348.8585 (telephone)404.467.8845 (facsimile)[email protected] [email protected]

LEWIS BRISBOIS BISGAARD & SMITH LLP

/s/ Leron E. Rogers___________Leron E. RogersGeorgia Bar No.: 482620Danielle K. BerryGeorgia Bar No.: 159029

Attorneys for Defendant








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