Holzhauer v. Rhoades

Filing 268

ORDER GRANTING CROSS-DEFENDANT DAVID P. RHOADES' MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO THE GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT'S CROSS-CLAIM re 259 Proposed Order filed by David P. Rhoades. Signed by Judge Jon S. Tigar on May 3, 2016. (wsn, COURT STAFF) (Filed on 5/3/2016)

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JOHN D. GIFFIN, CASB No. 89608
[e-mail]
FRANCESCA M. LANPHER, CASB No. 299318
[e-mail]
KEESAL, YOUNG & LOGAN
A Professional Corporation
450 Pacific Avenue
San Francisco, California 94133
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
DAVID P. RHOADES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
MARY HOLZHAUER, Individually and as the
Personal Representative of HARRY
HOLZHAUER, DECEASED,
Plaintiff,

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vs.
DAVID P. RHOADES, an Individual, GOLDEN
GATE BRIDGE HIGHWAY AND
TRANSPORTATION DISTRICT, a
governmental entity, and DOES 1-10, Inclusive,
Defendants.

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Case No. 3:13-cv-02862-JST
[PROPOSED] ORDER GRANTING CROSSDEFENDANT DAVID P. RHOADES’
MOTION FOR JUDGMENT AS A MATTER
OF LAW AS TO THE GOLDEN GATE
BRIDGE HIGHWAY AND
TRANSPORTATION DISTRICT’S CROSSCLAIM

[PROPOSED] ORDER

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For the reasons stated by the Court on the record on April 26, 2016 and incorporated into the
record on April 27, 2016, Defendant DAVID P. RHOADES’ (“Mr. Rhoades”) Motion for Judgment
as a Matter of Law pursuant to FED. R. CIV. P. 50(a) as to the GOLDEN GATE BRIDGE HIGHWAY
AND TRANSPORTATION DISTRICT’s (the “District”) Cross-Claim for Indemnity and
Contribution is GRANTED.
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-1[PROPOSED] ORDER GRANTING CROSS-DEFENDANT DAVID P. RHOADES’ MOTION FOR
JUDGMENT AS A MATTER OF LAW AS TO THE GOLDEN GATE BRIDGE HIGHWAY AND
TRANSPORTATION DISTRICT’S CROSS-CLAIM - Case No. 3:13-cv-02862-JST
KYL4851-6604-4465.1

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The District’s Third Affirmative Defense for contributory negligence against Mr. Rhoades
asserted in the District’s Answer to Mr. Rhoades’ Cross-Claim (Docket No. 58) is stricken.

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DATED: May 3, 2016

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_______________________________________
THE HONORABLE JON S. TIGAR
UNITED STATES DISTRICT COURT JUDGE

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-2[PROPOSED] ORDER GRANTING CROSS-DEFENDANT DAVID P. RHOADES’ MOTION FOR
JUDGMENT AS A MATTER OF LAW AS TO THE GOLDEN GATE BRIDGE HIGHWAY AND
TRANSPORTATION DISTRICT’S CROSS-CLAIM - Case No. 3:13-cv-02862-JST
KYL4851-6604-4465.1