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Baires v. United States

United States District Court, E.D. California, San Francisco Division

February 10, 2014

DORA BAIRES, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JUAN CARLOS BAIRES; AND TEOFILO MIRANDA, AN INDIVIDUAL, Plaintiffs,
v.
THE UNITED STATES OF AMERICA; BRIAN MYRICK, an individual; THE COUNTY OF KERN; KERN COUNTY SHERIFF'S DEPARTMENT; KERN MEDICAL CENTER; LERDO DETENTION FACILITY; DONALD YOUNGBLOOD, an individual; KHOSROW MOSTOFI, M.D., an individual, Defendants.

MELINDA HAAG (CABN 132612), United States Attorney, ALEX G. TSE (CABN 152348), Chief, Civil Division, ABRAHAM A. SIMMONS (CABN 146400), Assistant United States Attorney, ANN MARIE REDING (CABN 226864), Assistant United States Attorney, San Francisco, California Attorneys for United States and Brian Myrick

TEOFILO MIRANDA Plaintiff.

STEVEN M. KOHN, REED SMITH LLP, Plaintiff's Attorney.

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT AND ORDER REGARDING PLAINTIFF TEOFILO MIRANDA

CHARLES R. BREYER, District Judge.

It is hereby stipulated by and between the undersigned Plaintiff TEOFILO MIRANDA and the UNITED STATES OF AMERICA by and through their respective attorneys, as follows:

WHEREAS, Plaintiffs filed the above-captioned action on October 30, 2009;

WHEREAS, Plaintiff Miranda and the United States of America (collectively, "the Parties") wish to avoid any further litigation and controversy and to settle and compromise fully any and all claims and issues that have been raised, or could have been raised in this action, which have transpired prior to the execution of this Settlement Agreement ("Agreement");

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:

1. Agreement to Compromise Claims. The Parties do hereby agree to settle and compromise each and every claim of any kind, whether known or unknown, arising directly or indirectly from the acts or omissions that gave rise to the above-captioned action under the terms and conditions set forth in this Agreement.

2. Definition of "United States of America." As used in this Agreement, the United States of America shall include its current and former agents, servants, employees, and attorneys, as well as all its departments and agencies including, but not limited to, the Department of Homeland Security, United States Immigration and Customs Enforcement, and/or their current and former agents, servants, employees, and attorneys.

3. Settlement Amount. The United States of America agrees to pay the sum of fifteen thousand dollars ($15, 000.00) ("Settlement Amount"), which sum shall be in full settlement and satisfaction of any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown, foreseen and unforeseen personal injuries, damage to property and the consequences thereof, resulting, and to result, from the subject matter of this settlement, including any claims for wrongful death, for which Plaintiff Miranda or his guardians, heirs, executors, administrators, or assigns, and each of them, now have or may hereafter acquire against the United States of America.

4. Release. Plaintiff Miranda and his guardians, heirs, executors, administrators or assigns hereby agrees to accept the Settlement Amount in full settlement and satisfaction of any and all claims, demands, rights, and causes of action of whatsoever kind and nature, including claims for wrongful death, arising from, and by reason of any and all known and unknown, foreseen and unforeseen personal injuries, damage to property and the consequences thereof which they may have or hereafter acquire against the United States of America on account of the same subject matter that gave rise to the above-captioned action, including any future claim or lawsuit of any kind or type whatsoever, whether known or unknown, and whether for compensatory or exemplary damages. Plaintiff Miranda and his guardians, heirs, executors, administrators or assigns further agrees to reimburse, indemnify and hold harmless the United States of America from and against any and all such causes of action, claims, liens, rights, or subrogated or contribution interests incident to or resulting from further litigation or the prosecution of claims by Plaintiff Miranda or his guardians, heirs, executors, administrators or assigns against any third party or against the United States, including claims for wrongful death.

5. Dismissal of Action. In consideration of the payment of the Settlement Amount and the other terms of this Agreement, Plaintiff Miranda shall immediately upon execution of this Agreement also execute a Stipulation of Dismissal, a copy of which is attached hereto as Exhibit A. The Stipulation of Dismissal shall dismiss, with prejudice, all claims asserted in this action, or that could have been asserted in this action, against the United States. The fully executed Stipulation of Dismissal will be held by the United States' attorneys and will be filed within five (5) business days of receipt by Plaintiff Miranda's attorney of the Settlement Amount.

6. No Admission of Liability. This stipulation for compromise settlement is not intended to be, and should not be construed as, an admission of liability or fault on the part of the United States, and it is specifically denied that it is liable to the Plaintiff Miranda. This settlement is entered into by all parties for the purpose of ...


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