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Plaintiffs,
Judge Trauger
v.
City of Mount Juliet, a Tennessee municipal
corporation; Ed Hagerty, in his official
capacity of Mayor of Mount Juliet
Defendants.
______________________________________________________________________________
JOINT MOTION TO APPROVE CONSENT JUDGMENT
______________________________________________________________________________
Plaintiffs Heath Harwell and Ethel Freemen (collectively Plaintiffs) and the City of
Mount Juliet and its mayor, Ed Hagerty, (collectively the Defendants) hereby file this Joint
Motion to Approve Consent Judgment requesting that the Court enter the Consent Permanent
Injunction Order attached hereto. The Parties mutually agree that this order will resolve this case
and ask the Court to enter judgment in accordance with the proposed Consent Permanent
Injunction Order.
Dated: September ____, 2016
Respectfully submitted,
By: Benjamin A. Gastel______________________
J. Gerard Stranch, IV, Esq. (BPR #23045)
Benjamin A. Gastel (BPR #28699)
Michael J. Wall (BPR #24774)
BRANSTETTER, STRANCH & JENNINGS
PLCC
The Freedom Center
223 Rosa Parks Ave, Suite 200
Nashville, TN 37203
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(615) 254-8801
gerards@BSJFirm.com
beng@BSJFirm.com
mikew@BSJFirm.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on September 28, 2016, the foregoing was served
via U.S. Mail and/or the Courts CM/ECF system upon the following counsel of record:
Kristin Ellis Berexa (BPR #14833)
Aaron Guin (BPR# 21200)
Farrar & Bates
211 Seventh Ave. N, Suite 500
Nashville, TN 37219
(615) 254-3060
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Plaintiffs,
Judge Trauger
v.
City of Mount Juliet, a Tennessee municipal
corporation; Ed Hagerty, in his official
capacity of Mayor of Mount Juliet
Defendants.
______________________________________________________________________________
CONSENT PERMANENT INJUNCTION ORDER
______________________________________________________________________________
Plaintiffs Heath Harwell and Ethel Freemen (collectively Plaintiffs) filed suit against
the City of Mount Juliet and its mayor, Ed Hagerty, (collectively the Defendants) relating to
the 2016 City of Mt. Juliet Sign Regulations (the Sign Ordinance) and specifically the Sign
Ordinances regulation of signs advocating for the election of candidates for municipal, state,
and federal elections. Plaintiffs suit included a request for an injunction protecting Plaintiffs
First Amendment rights.
The parties having reached an agreement on these issues, it is hereby ORDERED as
follows:
1. The Sign Ordinance contains the following provision:
11.106 Exempt and Exception Signs
B. Exception Signs (Temporary)
1. Non-Commercial Signs
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amendment will replace the current language set forth in paragraph 1 above with the following
language:
Temporary non-commercial signs may be displayed on private property with permission
of the property owner. There shall be a limit of two temporary, non-commercial signs
posted on any lot at any given time, but if a lot abuts more than one street, such lot may
display two signs per street. Sixty (60) days prior to and five (5) days after any primary
or general election, this limit shall be increased to ten temporary non-commercial signs
per lot/per street. Temporary non-commercial signs are limited to six (6) square feet per
sign face, with a maximum of two (2) sign faces per sign, and a maximum height of four
(4) feet. A sign permit is not required for temporary non-commercial signs.
3.
enforcing Section 11.106(B) as currently written and set forth in paragraph 1 above. Instead, the
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The Parties agree that as a result of entry of this Consent Permanent Injunction
Order, Plaintiffs are the prevailing party as that terms is used in 42 U.S.C. 1988. The parties
agree that such reasonable fee and expenses shall be in the amount of $13,538.00 and shall be
supported by the contemporaneously filed declaration of Plaintiffs Counsel.
IT IS SO ORDERED
Enter this ______ day of September, 2016.
__________________________________
Aleta A. Trauger
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Plaintiffs,
v.
______________________________________________________________________________
DECLARATION OF BENJAMIN A. GASTEL
______________________________________________________________________________
Benjamin A. Gastel declares, under penalty of perjury on the date identified below, as
follows:
1.
in support of the Joint Motion to Approve Consent Judgment filed contemporaneously herewith
and is based on my personal knowledge of this case and a review of the firms billing records.
2.
Since inception of this matter through September 27, 2016, this firm has obtained
a total lodestar amount of $18,745. This amount is based on the following hours worked and
proposed rates:
Time-Keeper
Benjamin Gastel
245583
Title
Partner
Hours Worked
Proposed Rate
32.9
$450
Lodestar
$14,805
J. Gerard
Stranch, IV
Megan Killion
Partner
4.9
$600
$2,940
Staff Attorney
2.2
$250
$550
Amanda Winski
Paralegal
3.0
$150
$450
3.
These hours reflect time principally for the following tasks: 1) reviewing and
researching the city ordinances at issue in this case; 2) reviewing and researching case law
related to cases involving similar sign ordinances; 3) drafting the complaint, motion for
temporary restraining order, memorandum in support, and related declarations; 4) conferring
with opposing counsel on settlement; 5) conferring with clients regarding cases status and
filings; 5) reviewing documents from Mt. Juliet regarding enforcement of the sign ordinance; and
6) drafting and editing the proposed consent order and joint motion for consent judgment.
4.
Since inception of this matter, this firm has incurred a total of $538 in expenses.
A $100 fee for a process server to serve the summons and other documents on
defendants; and
5.
A $38.00 mileage for a roundtrip car trip from our office to Mt. Juliet.
As part of judgment in this case, Plaintiffs seek reasonable attorneys fees and
/s/Benjamin A. Gastel
Benjamin A. Gastel
245583