Opinion
Case No: 2:12-cv-02121-RCJ-NJK
05-06-2013
HENRY LEE CULLINS, SR., Plaintiff, v. STEVE WOLFSON, Clark County District Attorney, and the CLARK COUNTY OFFICE OF THE DISTRICT ATTORNEY, FAMILY SUPPORT DIVISION, Defendants.
STEVEN B. WOLFSON DISTRICT ATTORNEY STEPHANIE A. BARKER Chief Deputy District Attorney Attorney for Plaintiff Clark County THE NIKCI LAW GROUP, LTD. NIKOLL NIKCI, ESQ Attorney for Plaintiff STEVEN B. WOLFSON DISTRICT ATTORNEY STEPHANIE A. BARKER Chief Deputy District Attorney Attorney for Defendant Clark County CLARK COUNTY GEORGE STEVENS Chief Financial Officer THE NIKCI LAW GROUP LTD NIKOLL NIKCI, ESQ. Attorney for Plaintiff PLAINTIFF HENRY I/EE CULLINS, SR.
STEVEN B. WOLFSON
DISTRICT ATTORNEY
CIVIL DIVISION
By: STEPHANIE A. BARKER
Chief Deputy District Attorney
State Bar No. 3176
500 South Grand Central Pkwy., 5th Fir.
P.O. Box 552215
Las Vegas, Nevada 89155-2215
Telephone: (702)455-4761
Facsimile: (702)382-5178
Stephanie.Barker@.ClarkCountyDA.com
Attorney for Defendants
STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE
COME NOW THE PARTIES, Plaintiff HENRY LEE CULLINS, SR., by and through his attorney NIKOLL NIKCI, ESQ, and Defendants STEVEN WOLFSON, Clark County District Attorney and the CLARK COUNTY OFFICE OF THE DISTRICT ATTORNEY, FAMILY SUPPORT DIVISION, by and through their attorney, Chief Deputy District Attorney STEPHANIE A. BARKER, and hereby stipulate that the foregoing matter may be dismissed, with prejudice, each party to bear their own attorney's fees and costs, on the terms set forth in the Settlement Agreement and Mutual Release of Claims attached hereto as Exhibit A, and by this reference incorporated herein.
STEVEN B. WOLFSON
DISTRICT ATTORNEY
By: _________________
STEPHANIE A. BARKER
Chief Deputy District Attorney
Attorney for Plaintiff Clark County
THE NIKCI LAW GROUP, LTD.
By: _________________
NIKOLL NIKCI, ESQ
Attorney for Plaintiff
ORDER
IT IS SO ORDERED this 6th day of May, 2013.
_________________
U. S. DISTRICT COURT JUDGE
EXHIBIT "A"
EXHIBIT "A"
STEVEN B. WOLFSON
DISTRICT ATTORNEY
CIVIL DIVISION
By: STEPHANIE A. BARKER
Chief Deputy District Attorney
State Bar No. 3176
500 South Grand Central Pkwy., 5th Fir.
P.O. Box 552215
Las Vegas, Nevada 89155-2215
Telephone: (702)455-4761
Facsimile: (702)382-5178
Stephanie.Barker@.ClarkCountyDA.com
Attorney for Defendants
HENRY LEE CULLINS, SR., Plaintiff, v. STEVE WOLFSON, Clark County District Attorney, and the CLARK COUNTY OFFICE OF THE DISTRICT ATTORNEY, FAMILY SUPPORT DIVISION, Defendants.
Case No: 2:12-cv-02121-RCJ-NJK
SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
The Parties, Plaintiff HENRY LEE CULLINS, SR., through his attorney NIKOLL NIKCI, ESQ., and Defendants STEVEN WOLFSON, CLARK COUNTY DISTRICT ATTORNEY and the CLARK COUNTY OFFICE OF THE DISTRICT ATTORNEY, FAMILY SUPPORT DIVISION, through their attorney STEPHANIE A. BARKER, Chief Deputy District Attorney, hereby agree that the matter of Henry Lee Cullins, Sr. vs. Clark County District Attorney and the Clark County Office of the District Attorney, Family Support Division, United States District Court Case Number 2:12-cv-02121-RCJ-NJK (the "Litigation") shall be fully and finally resolved, inclusive of claims for attorney's fees and costs, as set forth in this Settlement Agreement and Release of All Claims (the "Agreement/Release").
Defendants shall make a one-time monetary payment to the Plaintiff in the total amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($7,500.00). This settlement payment is contingent upon Defendants' receipt of executed United States Department of the Treasury IRS W-9 Forms for both Plaintiff and his counsel, and will be payable by Defendants within 10 business days of Defendants' receipt of the executed W-9's, along with this Agreement/Release executed by Plaintiff and Plaintiff's counsel. The settlement payment will then be exchanged for a Stipulation to Dismiss this action with prejudice, executed by Plaintiff's counsel.
This Agreement/Release is intended to, and does hereby, fully and finally mutually resolve all causes of action set forth in the Litigation for the sole consideration set forth herein.
Without any admission of fault or liability, it is the intention of the parties hereto to mutually settle and dispose of, fully and completely, any and all claims, demands, obligations, damage, liability and causes of action asserted in or arising out of the events described in the Litigation.
For the sole consideration set forth herein, Plaintiff, for himself individually, his heirs, executors, administrators, successors and assigns, unconditionally releases the Defendants and each and all of their departments, governing bodies, governing officials, insurers, agents, servants, representatives, employees, past, present and/or future, predecessors and successors in interest, and all other persons or entities connected therewith including any and all of their employers and employees, past and present (collectively the Releasees), from any and all claims or causes of action, both known and unknown, asserted or unasserted in the Litigation, arising out of, or which could have arisen out of the events described in or related to the Complaint on file therein, for the express purpose of precluding any future or additional claims against Releasees for any damages or costs arising out of events related to either the Litigation or this Agreement/Release.
For the sole consideration set forth herein, Defendants agree to refrain from further collection action against Plaintiff related to claims for collection of unpaid child support that were discharged as satisfied by the United States Bankruptcy Court, Southern District of Indiana, Indianapolis Division, in Case No. 05-13727-AJM-13.
It is acknowledged that this Agreement/Release sets forth the full and complete agreement between the parties hereto, and there are no independent, collateral, different, additional or other understandings or agreements, oral or written, or obligations to be performed, things to be done, or payments to be made by any of the parties hereto.
It is further acknowledged that this Agreement/Release is entered into because the parties hereto wish to resolve their differences, to avoid the expense and inconvenience of any further litigation of this action, and that this Agreement/Release reflects settlement of contested claims without an admission of any liability of any kind as between these parties.
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Nevada, and shall not be construed against any party on the basis that its attorney drafted the Agreement.
STEVEN B. WOLFSON
DISTRICT ATTORNEY
By: _________________
STEPHANIE A. BARKER
Chief Deputy District Attorney
Attorney for Defendant Clark County
CLARK COUNTY
By: _________________
GEORGE STEVENS
Chief Financial Officer
THE NIKCI LAW GROUP LTD
By: _________________
NIKOLL NIKCI, ESQ. Attorney for Plaintiff
PLAINTIFF
By: _________________
HENRY I/EE CULLINS, SR.
ACKNOWLEDGMENT
STATE OF Indiana
COUNTY OF Marion
On this 28th day of March2013, before me, the undersigned Notary Public in and for the County of Marion, State of Indiana, personally appeared HENRY LEE CULLINS, SR., known to me or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the foregoing SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS, in United States District Court, District of Nevada, Case No. 2:12-cv-02121-RCJ-NJK; HENRY LEE CULLINS, SR. acknowledged to me that he executed the same freely and voluntarily, without duress or coercion of any kind, and for the uses and purposes therein mentioned.
_________________
NOTARY PUBLIC in and
for said County and State