United States District Court, D. Nevada
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,
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
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
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.
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.
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.
the parties stipulate and respectfully request that this
matter be dismissed with prejudice.
Order Appointing Romeo Smith
Probate Court Order
SECOND JUDICIAL DISTRICT COURT FOR THE STATE OF NEVADA IN AND
FOR THE COUNTY OF WASHOE
MATTER OF THE ESTATE OF NIKO LAROME SMITH, Deceased.