City of Fresno v. Boeing Company, et al.

Filing 319

ORDER DENYING the Boeing Company's Motion for Judgment on the Pleadings Re Equitable Indemnity (Doc. 218 ), Signed by Judge Oliver W. Wanger on 6/28/2010. (Arellano, S.)

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L.L.P. LAW OFFICES 1200 Seventeenth Street, Suite 1900 Denver, Colorado 80202 [phone]

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA THE CITY OF FRESNO, Plaintiff, v. UNITED STATES OF AMERICA; UNITED STATES ARMY CORPS OF ENGINEERS; NATIONAL GUARD BUREAU; THE BOEING COMPANY, Defendants. Defendant The Boeing Company ("Boeing") filed a Motion for Judgment on the Pleadings Re Equitable Indemnity on April 19, 2010 [Doc. 218], which sought summary judgment of the equitable indemnification claim asserted in the Second Amended Complaint of Plaintiff the City of Fresno ("the City"). Boeing argued that the City's equitable indemnification claim was duplicative of its other causes of action. This Motion was heard by the Court on June 14, 2010, in the presence of all parties. After considering all papers filed in connection with Boeing's Motion, hearing oral argument from Boeing and the City, and being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED as follows: The Motion is DENIED. The City has brought common law claims for continuing nuisance and continuing trespass against Boeing, and these claims remain viable. Equitable
11640017.2

CASE NO. 1:06-CV-01559-OWW-GSA ORDER DENYING THE BOEING COMPANY'S MOTION FOR JUDGMENT ON THE PLEADINGS RE EQUITABLE INDEMNITY [NO. 218]

Snell & Wilmer

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ORDER DENYING BOEING'S MOTION FOR JUDMGENT ON THE PLEADINGS RE EQUITABLE INDEMNITY City of Fresno v. United States of America, et al. Case No. 1:06-CV-01559-OWW-GSA

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L.L.P. LAW OFFICES 1200 Seventeenth Street, Suite 1900 Denver, Colorado 80202 [phone]

indemnification may be relevant to a contribution argument under those common law claims, and may be asserted at trial in conjunction with those claims. IT IS SO ORDERED. Dated:
DEAC_Signature-END:

June 28, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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Snell & Wilmer

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11640017.2

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ORDER DENYING BOEING'S MOTION FOR JUDMGENT ON THE PLEADINGS RE EQUITABLE INDEMNITY City of Fresno v. United States of America, et al. Case No. 1:06-CV-01559-OWW-GSA