Case 3:18-cv-02862-M-BH Document 42 Filed 12/27/19 Page 1 of 3 PageID 333 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BERTRUM JEAN, Individually and as the surviving father of BOTHAM SHEM JEAN, ALLISON A. JEAN, Individually and as the surviving mother of BOTHAM SHEM JEAN, and ALLISA E. FINDLEY as the Administrator of the Estate of BOTHAM SHEM JEAN, Plaintiffs v. THE CITY OF DALLAS and AMBER GUYGER, Defendants § § § § § § § § § § § § § § § CIVIL ACTION NO. 3:18-CV-2862-M PLAINTIFFS’ NOTICE OF APPEAL Pursuant to Federal Rule of Appellate Procedure 3(a), Plaintiffs Bertrum Jean and Allison Jean, individually and as the surviving parents of Botham Jean, and Allisa E. Findley, as the Administrator of the Estate of Botham Jean, hereby give notice of their intent to appeal the Partial Judgment, entered December 23, 2019, in favor of Defendant The City of Dallas (Doc. 41),1 as well as their intent to appeal all other interlocutory Because the Court entered Partial Judgment on the claims against Defendant City of Dallas pursuant to Federal Rule of Civil Procedure 54(b) (see Doc. 41), it is immediately appealable. See, e.g., Gray ex rel. Rudd v. Beverly Enterprises-Mississippi, Inc., 390 F.3d 400, 404 (5th Cir. 2004) (“[O]ur existing jurisprudence explains that a rule 54(b) interlocutory appeal is appropriate where the language of the order appealed, independently or read together with other portions of the record, reflects the court’s unmistakable intent to render the issue appealable under rule 54(b)[.]”).; see also Kelly v. Lee’s Old Fashioned Hamburgers, Inc., 908 F.2d 1218, 1220 (5th Cir.1990) (en banc). 1 PLAINTIFFS’ NOTICE OF APPEAL PAGE 1 OF 3 Case 3:18-cv-02862-M-BH Document 42 Filed 12/27/19 Page 2 of 3 PageID 334 orders rendered final and appealable by the Partial Judgment including, without limitation:  The Court’s Order Accepting Findings and Recommendation of the United States Magistrate Judge, dated December 23, 2019 (Doc. 40); and  The Magistrate Judge’s Findings, Conclusions, and Recommendation, dated August 12, 2019 (Doc. 33). Plaintiffs give further notice of their intent to appeal the aforementioned Partial Judgment and interlocutory orders to the United States Court of Appeals for the Fifth Circuit. Plaintiffs’ notice is timely as it is being filed within 30 days of the date that the Court entered the Partial Judgment underlying this appeal. See Fed. R. App. P. 4(a)(1)(A). Respectfully submitted, By:/s/ Daryl K. Washington Daryl K. Washington State Bar No. 24013714 WASHINGTON LAW FIRM, PC 325 N. St. Paul St., Suite 3950 Dallas, Texas 75201 214-880-4883 214-751-6685 - fax dwashington@dwashlawfirm.com S. Lee Merritt State Bar No. PA 314891 MERRITT LAW FIRM, LLC 1910 Pacific Ave., Suite 11500 Dallas, Texas 75201 888-647-3041 888-339-2050 (fax) slm@merrittatlaw.com and PLAINTIFFS’ NOTICE OF APPEAL PAGE 2 OF 3 Case 3:18-cv-02862-M-BH Document 42 Filed 12/27/19 Page 3 of 3 PageID 335 Benjamin L. Crump BEN CRUMP LAW, PLLC 122 S. Calhoun St. Tallahassee, Florida 32301 850-224-2020 ben@bencrump.com ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that on December 27, 2019, I electronically filed the foregoing document with the clerk of the court for the U.S. District Court, Northern District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a “Notice of Electronic Filing” to the following attorneys of record who have consented in writing to accept this notice as service of this document by electronic means: Mark E. Goldstucker Law Office of Mark E. Goldstucker mgoldstucker@gmail.com 300 North Coit Road, Suite 1125 Richardson, Texas 75080 Attorney for Defendant Amber Guyger Amy I. Messer Senior Assistant City Attorney amy.messer@dallascityhall.com 7DN Dallas City Hall 1500 Marilla Street Dallas, Texas 75201 Attorney for Defendant City of Dallas /s/ Daryl K. Washington Daryl K. Washington PLAINTIFFS’ NOTICE OF APPEAL PAGE 3 OF 3