Moss v. SAN FRANCISCO GENERAL HOSPITAL AND TRAUMA CENTER et al

Filing 47

STIPULATION AND ORDER re 45 . STIPULATION WITH PROPOSED ORDER TO ALLOW PLAINTIFF TO AMEND THE COMPLAINT FOR PURPOSES OF FACILITATING SETTLEMENT filed by Nicole Moss, City and County of San Francisco. Signed by Magistrate Judge Kandis A. Westmore on 1/11/18. (sisS, COURT STAFF) (Filed on 1/11/2018)

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CELIA McGUINNESS, ESQ. (SBN 159420)
DERBY, McGUINNESS, & GOLDSMITH, L.P.
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
PAUL L. REIN, Esq. (SBN 43053)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: (510) /832-5001
Facsimile: [phone]
[e-mail]
MICHAEL E. GATTO, Esq. (SBN 196474)
VAN BLOIS & ASSOCIATES
7677 Oakport Street, Suite 565
Oakland, CA 94621
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff
ARTHUR MOSS and DAKEIHA HALL
AS ADMINISTRTORS OF THE ESTATE OF NICOLE MOSS

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* Defendants and their counsel listed after the caption.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICOLE MOSS,

CASE NO. 4:16-cv-00072 KAW
Civil Rights

Plaintiff,
v.
SAN FRANCISCO GENERAL
HOSPITAL AND TRAUMA CENTER;
CITY AND COUNTY OF SAN
FRANCISCO DEPARTMENT OF
PUBLIC HEALTH; CITY AND COUNTY
OF SAN FRANCISCO; and DOES 1-20,
INCLUSIVE,

STIPULATION AND [PROPOSED]
ORDER TO ALLOW PLAINTIFF TO
AMEND THE COMPLAINT FOR
PURPOSES OF FACILITATING
SETTLEMENT

Defendants.

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STIP RE AMENDED COMPLAINT
CASE NO. 4:16-cv-00072 KAW

\\rein-sbs\DMG Law\Active Cases\Moss, Nicole (Estate of)\SF GENERAL\Pleadings\2018 01 04 stipulation to substitute estate circulated draft.docx

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
THOMAS S. LAKRITZ, State Bar #161234
Deputy City Attorney
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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WHEREAS, the Parties agree that Plaintiff Nicole Moss has died, and that the Superior

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Court for the State of California, County of San Mateo, has appointed Arthur Moss and Dakehia

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Hall the administrators of the Estate of Nicole Moss (the “Estate”) in an order issued August 17,

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2017, attached and incorporate herewith as Exhibit A;

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WHEREAS, Arthur Moss and Dakehia Hall have retained Derby, McGuinness &
Goldsmith, LLP, to represent them in this matter;

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WHEREAS, the Parties, with the participation of the co-administrators, settled all claims in

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this case on August 18, 2018, and since then have been working assiduously to finalize settlement

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documents;

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WHEREAS, the Parties agree that all Parties shall retain their respective rights, remedies,
claims, causes of action and defenses as of the date of Plaintiff Nicole Moss’s death;

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WHEREAS, the Parties agree that substituting the administrators of the Estate into this case
as named Plaintiff will facilitate resolution of the settlement documents;

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WHEREAS, the Parties desire to minimize litigation;

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THEREFORE, the Parties stipulate:

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1.

appropriate representatives of the Estate of Nicole Moss;

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Pursuant to Federal Rule of Civil Procedure 25, Arthur Moss and Dakehia Hall are the

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“Arthur Moss and Dakehia Hall as Co-Administrators of the Estate of Nicole Moss”
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STIP RE AMENDED COMPLAINT
CASE NO. 4:16-cv-00072 KAW

\\rein-sbs\DMG Law\Active Cases\Moss, Nicole (Estate of)\SF GENERAL\Pleadings\2018 01 04 stipulation to substitute estate circulated draft.docx

shall be substituted as Plaintiffs in this matter;

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3.

is not required on behalf of the Estate;

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A new government claim pursuant to California Government Code section 910, et seq.,

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This substitution of Arthur Moss and Dakehia Hall as Co-Administrators of the Estate of

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Nicole Moss as Plaintiffs is intended to facilitate the settlement of this case and does not

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affect any of the terms of the settlement or any rights, remedies, claims, causes of action

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or defenses available to each of them (including Arthur Moss and Dakehia Hall as Co-

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Administrators of The Estate of Nicole Moss) as of the date of the death of Plaintiff

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Nicole Moss.

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Date: January 10, 2018

DERBY, McGUINNESS, & GOLDSMITH, L.P.

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By:
/s/ Celia McGuinness
CELIA McGUINNESS, ESQ.
Attorneys for Plaintiff
NICOLE MOSS and ARTHUR MOSS and DAKEIHA
HALL AS ADMINISTRTORS OF THE ESTATE OF
NICOLE MOSS

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Date: January 10, 2018

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
THOMAS S. LAKRITZ
Deputy City Attorney

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By:
/s/ Thomas S. Lakritz
THOMAS S. LAKRITZ, ESQ.
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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ORDER

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Pursuant to the stipulation of the parties, and for good cause shown, IT IS SO ORDERED.

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Dated: _________, 2018
1/11
U.S. Magistrate Judge Kandis A. Westmore

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STIP RE AMENDED COMPLAINT
CASE NO. 4:16-cv-00072 KAW

\\rein-sbs\DMG Law\Active Cases\Moss, Nicole (Estate of)\SF GENERAL\Pleadings\2018 01 04 stipulation to substitute estate circulated draft.docx