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Case 1:10-cv-00953-RMC

Document 78

Filed 05/09/12

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

HECTOR MOLINA-AVILES,

)

)

Plaintiff,

)

)

C.A. No. 10-0953 (RMC)

v.

)

(Consolidated with 10-958; 10-1097;

)

10-1214; 10-1096; 10-1188; 11-2221;

DISTRICT OF COLUMBIA, et al.,

)

11-2223; 11-2226; 11-2227; 11-2228)

)

Defendants.

)

)

NOTICE OF ACCEPTANCE OF OFFER OF JUDGMENT

The Clerk shall please take notice that Plaintiff Brian Craig has accepted the District of

Columbia’s Offer of Judgment (the “Offer”) in the case Brian Craig v. District of Columbia,

et al., C.A. No. 11-2228, which is consolidated with the above-captioned matter. A copy of the

Offer is attached hereto.

DATE: May 9, 2012

IRVIN B. NATHAN Attorney General for the District of Columbia

ELLEN A. EFROS Deputy Attorney General Public Interest Division

/s/ Grace Graham

GRACE GRAHAM [472878] Section Chief, Equity

441 Fourth Street, NW

Sixth Floor South Washington, DC 20001 202-442-9784 (o)

202-741-8892(f)

/s/ Shana L. Frost

SHANA L. FROST [458021] Assistant Attorney General

441 4th Street, NW

Sixth Floor South Washington, DC 20001 (202) 724-6534 (o) (202) 741-8934 (f)

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Case 1:10-cv-00953-RMC

Document 78

Filed 05/09/12

/s/ Chad A. Naso CHAD A. NASO [1001694] Assistant Attorney General Office of the Attorney General, DC 441 Fourth Street, NW Sixth Floor South Washington, DC 20001 (202) 724-7854 (o) (202) 741-8951 (f) chad.naso@dc.gov

Counsel for the District of Columbia

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Page 2 of 2

Case 1:10-cv-00953-RMC

Document 78-1

Filed 05/09/12

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BRAIN CRAIG,

v.

Plaintiff,

DISTRICT OF COLUMBIA, et at.,

Defendants.

C.A. No. 11-2228 (RMC)

OFFER OF JUDGMENT

Page 1 of 4

On this 24th day of April, 2012, Defendant the District of Columbia, pursuant to Rule 68

of the Federal Rules of Civil Procedure, hereby offers to allow plaintiff Brian Craig ("Plaintiff')

to take a judgment against it in this action, upon the following terms (the "Offer"):

1. The District of Columbia will pay Plaintiff the total amount of $10,001.00, in

addition to reasonable costs and reasonable attorneys' fees incurred to date that are specifically

attributable to Plaintiffs claim in the above-captioned

action, the reasonable attorneys' fees to

be determined pursuant to 42 US.C. § 1988 (the "Offer Amount").

No fees or costs incurred

after the date of this Offer, including any attorneys' fees or costs incurred in connection with any

petition filed with the Court pursuant to 42 US.c. § 1988, shall be recoverable under this Offer.

2. Acceptance of this Offer by Plaintiff shall be in resolution and full satisfaction of

all claims or rights that Plaintiff may have to damages, or any other form of relief, arising out of

any alleged acts

or omissions

of Defendants the District of Columbia and Kelvin King

(collectively, "Defendants") that have been, could have been, or could be brought by Plaintiff

under any theory of liability arising out of the facts or circumstances that are the subject of this

action against any or all Defendants, at any time, expressly and specifically including, but not

Case 1:10-cv-00953-RMC

Document 78-1

Filed 05/09/12

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limited

to,

claims

for

punitive damages

and

other compensatory

claims,

and reasonable

attorneys' fees and costs incurred in prosecuting this action against any or all Defendants through

the date of this Offer.

Further, by accepting this Offer, Plaintiff agrees to hold all Defendants,

and any and all current or former District of Columbia officials, officers, employees, and/or

agents, harmless from any claims that have been, could have been, or could be brought against

them under any theory of liability by any other persons or entities in this matter.

3. Defendants deny culpability and/or liability for any claim asserted by Plaintiffs in

this matter.

Entry of judgment based upon this Offer shall have no collateral estoppel or res

judicata effect whatsoever with respect to

Defendants, or otherwise preclude any or all

Defendants from asserting any defense in this or any other action against them in the future.

4. Acceptance

of this

Offer

shall,

by

operation

of the

resultant

Judgment,

immediately withdraw any motion or other matter by Plaintiff pending against the District, nunc

pro tunc, to the date of the filing of said motion or motions.

5. Acceptance of this Offer shall constitute a stipulation of dismissal of this action,

pursuant to Fed. R. Civ. P. 41, with respect to Defendant Kelvin King.

6. Plaintiff agrees,

personally and

on

behalf of his

attorneys,

that

under

no

circumstances may he or his attorneys

obtain any monetary relief and/or recovery

from

Defendants, or from any current or former official, officer, agent, or employee or any person

who was an official, officer, agent, or employee of the District of Columbia, in addition to the

Offer Amount for any claims, including claims for costs and attorneys' fees,

arising out of the

facts or circumstances that are the subject of this action.

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Case 1:10-cv-00953-RMC

Document 78-1

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7. Any amount that is payable pursuant to this Offer shall be paid only from the

funds of the District of Columbia and may not be collected from any other defendant in this

action or from any other person or entity.

8. This Offer may be accepted only by the filing of a copy of this Offer reflecting the

signature of Plaintiff on the signature line, below, with the date upon which Plaintiff affixed his

or her signature to this Offer. This Offer will remain open for the time permitted by Rule 68 of

the Federal Rules of Civil Procedure.

Plaintiff and his attorneys further agree to promptly

complete and execute releases and such other concluding paperwork commonly required in

settlements with the District of Columbia in order to facilitate payment under this Offer.

Dated: April 24, 2012

IRVIN B. NATHAN Attorney General for the District of Columbia

ELLEN A. EFROS Deputy Attorney General Public Interest Division

lsi Grace Graham

GRACE GRAHAM [472878] Section Chief, Equity

441 Fourth Street, NW

Sixth Floor South Washington, DC 20001 202-442-9784 (0)

202-741-8892(t)

lsi Shana L. Frost

SHANA L. FROST [458021] Assistant Attorney General

441 4th Street, NW

Sixth Floor South Washington, DC 20001 (202) 724-6534 (0) (202) 741-8934 (t)

lsi Chad A. Naso

CHAD A. NASO [1001694] Assistant Attorney General Office of the Attorney General, DC

441 Fourth Street, NW

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Case 1:10-cv-00953-RMC

Document 78-1

Filed 05/09/12

Page 4 of 4

ACCEPTED BY:

Document 78-1 Filed 05/09/12 Page 4 of 4 ACCEPTED BY: BRIAN CRAIG Sixth Floor South Washington,

BRIAN CRAIG

Sixth Floor South Washington, DC 2000 I (202) 724-7854 (0) (202) 741-8951 (f) chad.naso@dc.gov

Counsel for the District of Columbia

lsi Robert A. DeBerardinis, Jr.

ROBERT A. DEBERARDINIS, JR. [335976] Assistant Attorney General Office of the Attorney General, DC 441 Fourth Street, NW Sixth Floor South Washington, DC 20001 (202) 724-6642 (0) (202) 741-8895 (f) robert.deberardinis@dc.gov

Counsel for Officer Kelvin King

on I%~

:;:;c.­

1-H-.

(date)

,2012.

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