Smith v. Bay Area Rapid Transit District et al

Filing 91

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 03/13/2017. (tmiS, COURT STAFF) (Filed on 3/13/2017)

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EUSTACE DE SAINT PHALLE, SBN 179100
JOSEPH R. LUCIA, SBN 278318
RAINS LUCIA STERN, PC
220 Montgomery Street, 15th Floor
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs
KELLIE SMITH, individually; as personal
representative of the Estate of THOMAS SMITH, JR.,
Decedent; and as Guardian Ad Litem for S.S., a minor

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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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;

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CASE NO. 3:15-CV-02402-TEH
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER

Plaintiffs,
Complaint Filed:
Trial Date:

v.

May 29, 2015
Vacated

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; and DOES 1 through 10,
inclusive,
Defendants.

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Plaintiffs Kellie Smith, individually; Kellie Smith, as personal representative of the Estate of

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Thomas Smith, Jr., Decedent; and Kellie Smith, as Guardian Ad Litem for S.S., a minor (“Plaintiffs”) and

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Defendants Bay Area Rapid Transit District; Kenton Rainey, individually and in his official capacity as

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Chief of Police for Bay Area Rapid Transit District; Benson Fairow, individually and in his official capacity

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as Deputy Chief of Police for Bay Area Rapid Transit District; Michael Maes, individually and in his
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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official capacity as Detective for Bay Area Rapid Transit District (collectively “Defendants”) agree and

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hereby stipulate to dismiss the entire action listed above.

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WHEREAS, Plaintiffs filed their First Amended Complaint for Damages for Violation of Civil

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Rights, 42 U.S.C. §1983; Interference with Constitutional Rights, Cal. Civil Code §52.1; and Wrongful

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Death, Cal. Code of Civil Procedure §377 on September 4, 2015;

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WHEREAS, Plaintiffs and Defendants collectively have settled this matter on or about
November 17, 2016;

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THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants

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through their designated counsel that the above-captioned action should be dismissed with prejudice as

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to all Defendants pursuant to FRCP 41(a)(1)(A). The parties further stipulate that each party shall bear

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their own attorneys’ fees, expenses and costs.

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IT IS SO STIPULATED.
Dated: March 9, 2017

Respectfully submitted,
RAINS LUCIA STERN, PC

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/s/ Joseph R. Lucia____________________
By: Joseph R. Lucia
Attorney for Plaintiffs KELLIE SMITH,
individually; as personal representative of the Estate
of THOMAS SMITH, JR., Decedent; and as
Guardian Ad Litem for S.S., a minor
LEWIS BRISBOIS BISGAARD & SMITH, LLP

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/s/ Dana Fox
By: Dana Fox
Attorney for 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
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

PROPOSED ORDER

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The Court having considered the stipulation of the parties, and good cause appearing therefor,

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orders as follows:

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The action is dismissed with prejudice as against Defendants Bay Area Rapid Transit

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District; Kenton Rainey, individually and in his official capacity as Chief of Police for Bay Area Rapid

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Transit District; Benson Fairow, individually and in his official capacity as Deputy Chief of Police for Bay

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Area Rapid Transit District; Michael Maes, individually and in his official capacity as Detective for Bay

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Area Rapid Transit District pursuant to FRCP 41(a)(1)(A).

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2.

Each party shall bear their own costs and attorneys’ fees.

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3.

The court shall retain jurisdiction over this matter to enforce the terms of the November

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17, 2016 Settlement Agreement.

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IT IS SO ORDERED.

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03/13
Dated ________________, 2017

Hon. Thelton E. Henderson

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER