Hohu v. Hatch

Filing 20

ORDER Re Supplemental Briefing. Supplemental Cross-Briefs shall be filed by 1/10/2013 05:00 PM. Signed by Judge Edward M. Chen on 1/4/2013. (emcsec, COURT STAFF) (Filed on 1/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LINDA HOHU,

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Plaintiff,

For the Northern District of California

United States District Court

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ORDER RE SUPPLEMENTAL
BRIEFING

v.
WENDY HATCH,

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No. C-12-4906 EMC

Defendant.
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Defendant Wendy Hatch, the administrator of the estate of John K. Hohu, filed a motion to

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dismiss a complaint for declaratory relief brought by Plaintiff Linda Hohu pursuant to the Employee

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Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et. seq. Defendant requests

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that this Court “dismiss this action pursuant to FRCP 12(b)(1) on the grounds that the federal court

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lacks subject matter jurisdiction (federal question) over the Plaintiff’s ‘Complaint for Declaratory

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Relief (Federal Preemption),’ as previously determined by U.S. District Court Judge Josephine

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Staton Tucker on September 12, 2012 in the United States District Court Central District Southern

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Division Case No: SACV 12-1067-JST.” Def.’s Mot. to Dismiss at 2 (Docket No. 13). Defendant’s

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motion raises, but does not fully brief, whether the doctrine of collateral estoppel applies to this

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matter.

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The parties shall file supplemental cross-briefs not to exceed six pages in length addressing

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collateral estoppel and its application to prior judicial determinations of a lack of subject matter

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jurisdiction. The parties shall file their cross-briefs with this Court no later than 5:00 p.m. on

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January 10, 2013.

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IT IS SO ORDERED.

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Dated: January 4, 2013

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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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