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N.S. v. Wood

United States District Court, D. Nevada

July 19, 2017

N.S., a minor, by and through his guardian ad Litem, JILLIAN CORTEZ and ROMEO SMITH, as Special Administrator of the Estate NIKO LAROME SMITH, Plaintiffs,
v.
WASHOE COUNTY DEPUTY BRANDON WOOD, WASHOE COUNTY DEPUTY EMMANUEL FIGUEROA, and WASHOE COUNTY SERGEANT COREY A. SOLFERINO, Defendants.

          TERRIKEYSER-COOPER, LUKE A. BUSBY Attorneys for Plaintiff

          STIPULATION AND ORDER FOR DISMISSAL

         COMES NOW, Plaintiffs N.S., a minor, by and through his guardian ad Litem, JILLIAN CORTEZ and ROMEO SMITH, as Special Administrator of the Estate NIKO LAROME SMITH and Defendants WASHOE COUNTY DEPUTY BRANDON WOOD, WASHOE COUNTY DEPUTY EMMANUEL FIGUEROA, and WASHOE COUNTY SERGEANT COREY A. SOLFERINO and hereby respectfully request that this matter be dismissed.

         NIKO LAROME SMITH passed away on August 29, 2015 as a result of an incident that occurred at the Washoe County Jail. On February 24, 2017 the Probate Court for the Second Judicial District Court ("Probate Court") issued an Order Appointing Special Administrator (Attached hereto as Exhibit 1) appointing ROMEO SMITH as Special Administrator of the Estate of NIKO LARMOME SMITH, and which required ROMEO SMITH to seek approval for any settlement from the Probate Court. On March 2, 2017, ROMEO SMITH as Administrator of the Estate of the decedent, and N.S.'s parent and natural guardian JILLIAN CORTEZ, commenced litigation against several Washoe County Sheriffs Deputies involved in the incident at the Washoe County Jail in this District.

         On April 27, 2017, a settlement conference was held in before the Honorable Magistrate Judge Robert A. McQuaid, Jr., in which the parties reached a compromise to settle the matter of the claims of the Estate of NIKO LAROME SMITH and of N.S. related to NIKO LAROME SMITH'S death. The Defendant deputies were represented by Washoe County Deputy District Attorney Michael Large. The parties reached the settlement attached hereto as Exhibit 2. The Washoe County Commission approved the settlement agreement at a regularly scheduled meeting held on June 13, 2017.

         On June 16, 2017 ROMEO SMITH filed a Petition for Leave to Set Aside Estate Without Administration and to Compromise the Claim of a Minor as required by NRS 41.200 with the Probate Court. On July 13, 2017, the Probate Court issued an Order (Attached hereto as Exhibit 3) in Docket No. PR17-00074 approving the settlement agreement and directing counsel to file a petition with the Probate Court to set aside the estate of the decedent. On July 13, 2017, the undersigned counsel for the Plaintiff filed the petition to set aside the estate as directed by the Probate Court.

         WHEREFORE, the parties stipulate and respectfully request that this matter be dismissed with prejudice.

         IT IS SO ORDERED

         Exhibit List

         1. Order Appointing Romeo Smith

         2. Settlement Agreement

         3. Probate Court Order

         Exhibit 1

         IN THE SECOND JUDICIAL DISTRICT COURT FOR THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE

         IN THE MATTER OF THE ESTATE OF NIKO LAROME SMITH, Deceased.

         Case No. PR17-00074

         Dept. No.: PR

         ORDER APPOINTING ...


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