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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1 5 TIMOTHY J. RYAN, (99542) REBEKKA R. MARTORANO, (173600) THE RYAN LAW GROUP 400 Capitol Mall, Suite 2540 Sacramento, California 95814 Telephone: (916) 924-1912 Facsimile: (916) 923-3872 6 Attorneys for Defendant Southwest Airlines Co. 2 3 4 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 OLA ADAMS-BEST and PETER BEST, ) ) Plaintiffs, ) ) v. ) ) SOUTHWEST AIRLINES CO., a Texas ) Corporation; and DOE 1 through DOE XX, ) inclusive, ) ) Defendant. ) _____________________________________ ) No. 2:17-cv-00497-KJM-AC [STIPULATION AND ORDER REGARDING GOOD FAITH OF SETTLEMENT BETWEEN SOUTHWEST AIRLINES CO. AND PLAINTIFFS 16 17 18 STIPULATION 19 Whereas, on January 26, 2017, an action was commenced in the Superior Court of the State 20 of California in and for the County of Sacramento, entitled Ola Adams-Best and Peter Best, 21 Plaintiffs v. Southwest Airlines Co. and Doe 1 through Doe XX, Defendant, as Case No. 34-2017- 22 00207094; 23 Whereas, on March 7, 2017, Southwest Airlines Co. (“Southwest”) removed the action to 24 this Court on the basis of diversity, pursuant to the provisions of 28 U.S.C. section 1441(b), in that 25 this is a civil action between citizens of different states and the amount in controversy exceeds the 26 sum of $75,000, exclusive of interest and costs; 27 28 Whereas, plaintiff Ola Adams-Best alleges that she was injured when she was struck by a 1 1 bag dropped by a passenger during the boarding process on a Southwest flight from Los Angeles 2 to Sacramento on October 29, 2015; 3 Whereas, Plaintiffs initially believed that the passenger who dropped the bag alleged to have 4 injured plaintiff Adams-Best was an off-duty pilot employed by Southwest; however further 5 investigation revealed that the passenger was not an employee of Southwest; 6 7 8 9 10 11 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: 12 STIPULATED ORDER 13 Pursuant to the stipulation of the parties set forth above, the Court hereby approves the 14 settlement between Plaintiffs and Southwest, and finds that said settlement was entered into in good 15 faith by the parties thereto pursuant to California Code of Civil Procedure §877.6. 16 Based on the foregoing, any claims against Southwest for equitable comparative 17 contribution, or partial or comparative indemnity, based on comparative negligence or comparative 18 fault, with respect to damages constituting an element of any of the claims which have been settled 19 by the subject settlement agreement are barred pursuant to Code of Civil Procedure §877.6(c). 20 21 IT IS SO STIPULATED. 22 23 Dated: September 11, 2017 THE THOMAS LAW FIRM 24 /s/ Bradley S. Thomas 25 By: BRADLEY S. THOMAS Attorneys for Plaintiffs OLA ADAMS-BEST and PETER BEST 26 27 28 2 1 2 Dated: September 11, 2017 THE RYAN LAW GROUP 3 /s/ Rebekka R. Martorano 4 By: TIMOTHY J. RYAN REBEKKA R. MARTORANO Attorneys for Defendant Southwest Airlines Co. 5 6 7 8 9 IT IS SO ORDERED. 10 11 DATED: September 15, 2017. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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