Filed: Mar. 13, 2017
Latest Update: Mar. 13, 2017
Summary: STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THELTON E. HENDERSON , District Judge . Plaintiffs Kellie Smith, individually; Kellie Smith, as personal representative of the Estate of Thomas Smith, Jr., Decedent; and Kellie Smith, as Guardian Ad Litem for S.S., a minor ("Plaintiffs") and Defendants Bay Area Rapid Transit District; Kenton Rainey, individually and in his official capacity as Chief of Police for Bay Area Rapid Transit District; Benson Fairow, individually and in his offic
Summary: STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THELTON E. HENDERSON , District Judge . Plaintiffs Kellie Smith, individually; Kellie Smith, as personal representative of the Estate of Thomas Smith, Jr., Decedent; and Kellie Smith, as Guardian Ad Litem for S.S., a minor ("Plaintiffs") and Defendants Bay Area Rapid Transit District; Kenton Rainey, individually and in his official capacity as Chief of Police for Bay Area Rapid Transit District; Benson Fairow, individually and in his offici..
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER
THELTON E. HENDERSON, District Judge.
Plaintiffs Kellie Smith, individually; Kellie Smith, as personal representative of the Estate of Thomas Smith, Jr., Decedent; and Kellie Smith, as Guardian Ad Litem for S.S., a minor ("Plaintiffs") and Defendants Bay Area Rapid Transit District; Kenton Rainey, individually and in his official capacity as Chief of Police for Bay Area Rapid Transit District; Benson Fairow, individually and in his official capacity as Deputy Chief of Police for Bay Area Rapid Transit District; Michael Maes, individually and in his official capacity as Detective for Bay Area Rapid Transit District (collectively "Defendants") agree and hereby stipulate to dismiss the entire action listed above.
WHEREAS, Plaintiffs filed their First Amended Complaint for Damages for Violation of Civil Rights, 42 U.S.C. §1983; Interference with Constitutional Rights, Cal. Civil Code §52.1; and Wrongful Death, Cal. Code of Civil Procedure §377 on September 4, 2015;
WHEREAS, Plaintiffs and Defendants collectively have settled this matter on or about November 17, 2016;
THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants through their designated counsel that the above-captioned action should be dismissed with prejudice as to all Defendants pursuant to FRCP 41(a)(1)(A). The parties further stipulate that each party shall bear their own attorneys' fees, expenses and costs.
IT IS SO STIPULATED.
PROPOSED ORDER
The Court having considered the stipulation of the parties, and good cause appearing therefor, orders as follows:
1. The action is dismissed with prejudice as against Defendants Bay Area Rapid Transit District; Kenton Rainey, individually and in his official capacity as Chief of Police for Bay Area Rapid Transit District; Benson Fairow, individually and in his official capacity as Deputy Chief of Police for Bay Area Rapid Transit District; Michael Maes, individually and in his official capacity as Detective for Bay Area Rapid Transit District pursuant to FRCP 41(a)(1)(A).
2. Each party shall bear their own costs and attorneys' fees.
3. The court shall retain jurisdiction over this matter to enforce the terms of the November 17, 2016 Settlement Agreement.
IT IS SO ORDERED.
