Marman v. U.S. Airways et al

Filing 38

ORDER granting 36 STIPULATION STIPULATED VOLUNTARY DISMISSAL WITH PREJUDICE F.R.C.P. 41(a)(1)(A)(ii) filed by City and County of San Francisco, U.S. Airways. City and County of San Francisco and Calvin Tom (#821, police officer) terminated. Signed by Judge Charles R. Breyer on 2/28/2014. (beS, COURT STAFF) (Filed on 3/4/2014)

1 DENNIS CUNNINGHAM (State Bar #112910)
BEN ROSENFELD (State Bar #203845)
2 Law Office of Dennis Cunningham
115 ½ Bartlett Street
3 San Francisco, California 94110
Telephone:
[phone]
[phone]
4 Facsimile:
E-Mail:
[e-mail]
E-Mail:
[e-mail]
5
GERALD SINGLETON (State Bar #208783)
6 Law Offices of Gerald Singleton
560 N. Coast Hwy 101, Suite 4A
7 Encinitas, California 92024
Telephone:
[phone]
8 Facsimile:
[phone]
E-Mail:
[e-mail]
9
Attorneys for Plaintiff
10
DENNIS J. HERRERA, State Bar #139669
11 City Attorney
CHERYL ADAMS, State Bar #164194
12 Chief Trial Deputy
MICHAEL GERCHOW, State Bar #256993
13 Deputy City Attorney
Fox Plaza
14 1390 Market Street, 6th Floor
San Francisco, California 94102-5408
[phone]
15 Telephone:
Facsimile:
[phone]
E-Mail:
[e-mail]
16
17

Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

18
19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21

DESHON MARMAN,

22

Plaintiff,

23

vs.

24
25
26
27
28

Case No. 13 CV 2755 CRB
STIPULATED VOLUNTARY DISMISSAL
WITH PREJUDICE
F.R.C.P. 41(a)(1)(A)(ii)

U.S. AIRWAYS, INC., an Arizona
Further CMC:
Corporation, JOHN DOE 1 (Pilot), JANE DOE Time:
2, John & Jane Does 3-10 (airline employees); Place:
Officer CALVIN TOM, #821, police officer,
John & Jane DOES 11-30 (police officers
and/or municipalities), and the CITY AND
COUNTY OF SAN FRANCISCO

February 21, 2014
8:30 a.m.
Courtroom 6, 17th Fl.
San Francisco, CA 94102

Defendants.
STIPULATED VOLUNTARY DISMISSAL
CASE NO. CV 13 2755 CRB

1

n:\pdf docs\2755marman.doc

1

The undersigned parties, through their counsel, STIPULATE and AGREE that plaintiff Deshon

2

Marman will and hereby does voluntarily dismiss with prejudice defendants Calvin Tom, the City and

3

County of San Francisco (including its employees, agents, predecessors, successors and affiliate

4

entities), and John and Jane Does 11-30 (police officers and/or municipalities) (hereafter the “San

5

Francisco Defendants”) under the following circumstances:

6
7
8
9

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,

10

which terms have been captured on a separate settlement agreement signed by plaintiff and approved

11

by counsel for the San Francisco Defendants and Plaintiff’s counsel.

12

3.

Defendants US Airways, Inc., Captain Dominic Currieri, Phyllis Guss-Davis, and

13

Johanna Ellison (the “Airline Defendants”) have agreed to this Dismissal in light of FRCP

14

41(a)(1)(A)(ii)’s requirement that voluntary dismissals be “signed by all parties who have appeared.”

15

Marman, the San Francisco Defendants, and the Airline Defendants all understand and agree that the

16

Airline Defendants’ execution of this Dismissal is without prejudice or effect as to any rights,

17

defenses, obligations, or arguments whatsoever that may exist between Marman and the Airline

18

Defendants or between the San Francisco Defendants and the Airline Defendants.

19

THEREFORE, the parties hereby STIPULATE and AGREE that defendants Officer Calvin

20

Tom, the City and County of San Francisco (including its agents, employees, agents, predecessors,

21

successors and affiliate entities), and John and Jane Does 11-30 (police officers and/or municipalities)

22

be DISMISSED from this action WITH PREJUDICE.

23
24

IT IS SO STIPULATED.
Dated: February 20, 2014

25

LAW OFFICE OF DENNIS CUNNINGHAM
SINGLETON LAW FIRM
By: /s/ Dennis Cunningham
DENNIS CUNNINGHAM
Attorneys for Plaintiff
DESHON MARMAN

26
27
28
STIPULATED VOLUNTARY DISMISSAL
CASE NO. CV 13 2755 CRB

2

n:\pdf docs\2755marman.doc

1

Dated: February 20, 2014

2
3
4

By: /s/ Michael Gerchow
MICHAEL GERCHOW
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

5
6
7

DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
MICHAEL GERCHOW
Deputy City Attorney

Dated: February 20, 2014

8

O’MELVENY & MYERS LLP
By: /s/ Adam Kohsweeney
ADAM KOHSWEENEY
Attorneys for Defendant
U.S. AIRWAYS, INC.

9
10
11

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: February 28, 2014

UNIT
ED

By:
ERED
HON. CHARLES O ORD
S R. BREYER
IT IS
UNITED STATES DISTRICT COURT JUDGE

15
16

J

19
20

A

H

ER

LI

RT

18

. Breyer

arles R
udge Ch

NO

17

R NIA

14

RT
U
O

S

13

S DISTRICT
TE
C
TA

FO

12

N

F
D IS T IC T O
R

C

21
22
23
24
25
26
27
28
STIPULATED VOLUNTARY DISMISSAL
CASE NO. CV 13 2755 CRB

3

n:\pdf docs\2755marman.doc