Gottschall et al v. General Electric Company et al

Filing 39

ORDER REQUIRING SUPPLEMENTAL BRIEFING. Signed by Judge Charles R. Breyer on 1/7/2013. (crblc1, COURT STAFF) (Filed on 1/7/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 10-05096 CRB

GOTTSCHALL ET AL.,

ORDER REQUIRING
SUPPLEMENTAL BRIEFING

Plaintiffs,
v.
GENERAL ELECTRIC COMPANY ET
AL.,
Defendants.

/

Defendant General Dynamics argues, in opposition to Plaintiffs’ Motion for
Reconsideration, that Judge Robreno has consistently dismissed “both [Plaintiffs’]
negligence and strict-liability claims via the government-contractor defense,” dkt. 38 at 4,
and that, when Judge Robreno has denied “the summary-judgment motion of a defendant
who has asserted the government-contractor defense, he does it because he believes that
Plaintiffs have raised a triable issue of material fact regarding the Navy’s policy towards
warnings,” dkt. 18 at 9. But the two cases Defendant cites both simply show Judge Robreno
rejecting the application of the government-contractor defense based on a genuine issue of
material fact – in one case based on the same evidence Plaintiffs rely on here. Neither case
shows Judge Robreno rejecting the application of the government contractor defense as to the
failure to warn claims while applying that defense to other claims.

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Defendant is therefore ordered to file by Friday, January 11, 2013 at 5:00 pm a

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supplemental brief of no more than five pages, pointing the Court to any authority supporting

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its contention that Judge Robreno has consistently dismissed negligence and strict-liability

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claims under such circumstances. Plaintiffs may file a simultaneous brief, also of no more

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than five pages, on this same subject, if they wish to do so.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: January 7, 2013

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United States District Court
For the Northern District of California

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G:\CRBALL\2010\5096\order re subb briefing.wpd

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