Adams-Best, et al. v. Southwest Airlines Co.

Filing 20

ORDER signed by District Judge Kimberly J. Mueller on 9/11/2017 APPROVING the settlement between the plaintiffs and Defendant Southwest Airlines Co.; FINDING that said settlement was entered into in good faith pursuant to California Civil Code of Procedure §877.6. (Michel, G.)

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TIMOTHY J. RYAN, (99542)
REBEKKA R. MARTORANO, (173600)
THE RYAN LAW GROUP
400 Capitol Mall, Suite 2540
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant Southwest Airlines Co.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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OLA ADAMS-BEST and PETER BEST,

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Plaintiffs,
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v.
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SOUTHWEST AIRLINES CO., a Texas
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Corporation; and DOE 1 through DOE XX, )
inclusive,
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Defendant.
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_____________________________________ )

No.

2:17-cv-00497-KJM-AC

[STIPULATION AND ORDER
REGARDING GOOD FAITH OF
SETTLEMENT BETWEEN
SOUTHWEST AIRLINES CO. AND
PLAINTIFFS

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STIPULATION

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Whereas, on January 26, 2017, an action was commenced in the Superior Court of the State

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of California in and for the County of Sacramento, entitled Ola Adams-Best and Peter Best,

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Plaintiffs v. Southwest Airlines Co. and Doe 1 through Doe XX, Defendant, as Case No. 34-2017-

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00207094;

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Whereas, on March 7, 2017, Southwest Airlines Co. (“Southwest”) removed the action to

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this Court on the basis of diversity, pursuant to the provisions of 28 U.S.C. section 1441(b), in that

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this is a civil action between citizens of different states and the amount in controversy exceeds the

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sum of $75,000, exclusive of interest and costs;

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Whereas, plaintiff Ola Adams-Best alleges that she was injured when she was struck by a
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bag dropped by a passenger during the boarding process on a Southwest flight from Los Angeles

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to Sacramento on October 29, 2015;

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Whereas, Plaintiffs initially believed that the passenger who dropped the bag alleged to have

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injured plaintiff Adams-Best was an off-duty pilot employed by Southwest; however further

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investigation revealed that the passenger was not an employee of Southwest;

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Whereas, the parties have reached a settlement agreement that contemplates that Plaintiffs
will dismiss defendant Southwest in exchange for a waiver of costs;
Whereas, said settlement is conditioned on court approval and determination of the good
faith of said settlement;
Therefore, the parties to this action, by and through their attorneys of record, stipulate that
the Court may enter the following order:

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STIPULATED ORDER

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Pursuant to the stipulation of the parties set forth above, the Court hereby approves the

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settlement between Plaintiffs and Southwest, and finds that said settlement was entered into in good

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faith by the parties thereto pursuant to California Code of Civil Procedure §877.6.

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Based on the foregoing, any claims against Southwest for equitable comparative

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contribution, or partial or comparative indemnity, based on comparative negligence or comparative

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fault, with respect to damages constituting an element of any of the claims which have been settled

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by the subject settlement agreement are barred pursuant to Code of Civil Procedure §877.6(c).

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IT IS SO STIPULATED.

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Dated: September 11, 2017

THE THOMAS LAW FIRM

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/s/ Bradley S. Thomas
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By:
BRADLEY S. THOMAS
Attorneys for Plaintiffs OLA ADAMS-BEST
and PETER BEST

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Dated: September 11, 2017

THE RYAN LAW GROUP

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/s/ Rebekka R. Martorano
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By:
TIMOTHY J. RYAN
REBEKKA R. MARTORANO
Attorneys for Defendant
Southwest Airlines Co.

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IT IS SO ORDERED.

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DATED: September 15, 2017.

UNITED STATES DISTRICT JUDGE

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