Filed: Mar. 04, 2014
Latest Update: Mar. 04, 2014
Summary: STIPULATED VOLUNTARY DISMISSAL WITH PREJUDICE CHARLES R. BREYER, District Judge. The undersigned parties, through their counsel, STIPULATE and AGREE that plaintiff Deshon Marman will and hereby does voluntarily dismiss with prejudice defendants Calvin Tom, the City and County of San Francisco (including its employees, agents, predecessors, successors and affiliate entities), and John and Jane Does 11-30 (police officers and/or municipalities) (hereafter the "San Francisco Defendants") under th
Summary: STIPULATED VOLUNTARY DISMISSAL WITH PREJUDICE CHARLES R. BREYER, District Judge. The undersigned parties, through their counsel, STIPULATE and AGREE that plaintiff Deshon Marman will and hereby does voluntarily dismiss with prejudice defendants Calvin Tom, the City and County of San Francisco (including its employees, agents, predecessors, successors and affiliate entities), and John and Jane Does 11-30 (police officers and/or municipalities) (hereafter the "San Francisco Defendants") under the..
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STIPULATED VOLUNTARY DISMISSAL WITH PREJUDICE
CHARLES R. BREYER, District Judge.
The undersigned parties, through their counsel, STIPULATE and AGREE that plaintiff Deshon Marman will and hereby does voluntarily dismiss with prejudice defendants Calvin Tom, the City and County of San Francisco (including its employees, agents, predecessors, successors and affiliate entities), and John and Jane Does 11-30 (police officers and/or municipalities) (hereafter the "San Francisco Defendants") under the following circumstances:
1. Plaintiff Deshon Marman filed this lawsuit seeking money damages against inter alia, the San Francisco Defendants, as a result of a June 15, 2011 incident at the San Francisco Airport;
2. Plaintiff and the San Francisco Defendants, through their authorized representatives, reached an agreement on the terms of a settlement with respect to the San Francisco Defendants, which terms have been captured on a separate settlement agreement signed by plaintiff and approved by counsel for the San Francisco Defendants and Plaintiff's counsel.
3. Defendants US Airways, Inc., Captain Dominic Currieri, Phyllis Guss-Davis, and Johanna Ellison (the "Airline Defendants") have agreed to this Dismissal in light of FRCP 41(a)(1)(A)(ii)'s requirement that voluntary dismissals be "signed by all parties who have appeared." Marman, the San Francisco Defendants, and the Airline Defendants all understand and agree that the Airline Defendants' execution of this Dismissal is without prejudice or effect as to any rights, defenses, obligations, or arguments whatsoever that may exist between Marman and the Airline Defendants or between the San Francisco Defendants and the Airline Defendants.
THEREFORE, the parties hereby STIPULATE and AGREE that defendants Officer Calvin Tom, the City and County of San Francisco (including its agents, employees, agents, predecessors, successors and affiliate entities), and John and Jane Does 11-30 (police officers and/or municipalities) be DISMISSED from this action WITH PREJUDICE.
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
