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