Hoa v. Cate et al

Filing 155

ORDER Regarding Supplemental Briefing for Cross-Defendants' Motion to Dismiss 146 (emclc3, COURT STAFF) (Filed on 12/4/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 PAUL HOA, 9 Plaintiff, 10 v. 11 For the Northern District of California United States District Court No. C-12-2078 EMC RICHARD RILEY, et al., 12 Defendants. ___________________________________/ ORDER REGARDING SUPPLEMENTAL BRIEFING FOR CROSS-DEFENDANTS’ MOTION TO DISMISS (Docket No. 146) 13 14 15 David F. Lopez, T. Gregory Stagnito, Bridge Transport, and Stag Leasing Inc. 16 (“Cross-Defendants”) have moved to dismiss Richard Riley, Raymond Matteucci, David Moore, 17 Ronald Chan, Tammy Foss, Thomas Alioto, and George Moon’s (“Cross-Claimants”), 18 cross-complaint for equitable indemnity, contribution, and declaratory relief. Docket No. 146. The 19 Court hereby orders Cross-Defendants and Cross-Claimants to provide supplemental briefing 20 regarding the following issues. 21 Assuming, arguendo, (1) that there is no right to indemnity or contribution under Section 22 1983 or federal common law, (2) that state law rights to indemnity or contribution may not be 23 applied under Section 1988, and (3) that the substantive claim by the plaintiff against 24 defendants/cross-claimants upon which the cross-claim arises is solely under federal law (i.e. 25 Section 1983) and not state law: 26 • 27 28 Would a cross-claim for contribution or indemnity brought directly under state law be preempted or precluded by Section 1988? 1 • Would such a cross-claim be preempted under the Supremacy Clause irrespective of Section 2 1988? 3 The supplemental briefs shall be filed no later than December 19, 2014, and each 4 5 party’s brief shall not exceed 10 pages. IT IS SO ORDERED. 6 7 Dated: December 4, 2014 8 _________________________ EDWARD M. CHEN United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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