v. Dartmouth Hitchcock Medical Center et al

Filing 100

PROCEDURAL ORDER: Memorandum to be filed re scope of indemnity and contribution claims as outlined. Plaintiff's Memoranda due 5/5/2011. Follow up on Defendant's Response on 5/16/2011. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Dartmouth Hitchcock Medical Center
v.

Civil No. 09-cv-160-JD

Cross Country Travcorps, Inc. d/b/a
Cross Country Staffing and CHG Medical
Staffing, Inc. d/b/a RN Network
Procedural Order
DHMC brings a claim of indemnification under the “Healthcare
Staffing Vendor Management Agreement” and a claim for
contribution, pursuant to RSA 507:7-f, for the damages DHMC paid
to the plaintiffs in Aumand v. Dartmouth Hitchcock Medical
Center, No. 06-cv-434-JL.

A briefing schedule has been

established to address the scope of the issues and evidence for
trial.

In addition, DHMC shall file a memorandum to address,

specifically, the scope of its indemnity claim and its
contribution claim, with citations to applicable authority, and
the defendants shall file a response.

See, e.g., Restatement,

Third, Torts, Apportionment of Liability, §§ 22 and 23;
Goudreault v. Kleeman, 158 N.H. 236 (2009); Everitt v. Gen. Elec.
Co., 156 N.H. 202 (2007); DeBenedetto v. CLD Consulting Eng’rs,
Inc., 153 N.H. 793 (2006); Rodgers v. Colby’s Ol’ Place, Inc.,
148 N.H. 41 (2002).
issues:

The parties shall address the following

(1) whether the indemnity and contribution claims are
coextensive for purposes of the jury’s allocation of
fault, or
(2) whether the claims are different and would require
the jury to make separate allocation analyses; and
(3) if the claims are different, whether DHMC will
pursue both at trial or will elect to proceed under one
claim or the other, and
(4) if the claims are different and DHMC elects to
pursue both claims at trial, how the case will be
presented to avoid jury confusion.

DHMC shall file its memorandum by May 5, 2011, and the
defendants shall file their response or responses by May 16,
2011.

SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
April 11, 2011
cc:

Andrew D. Dunn, Esquire
Ronald J. Lajoie, Esquire
Anil Madan, Esquire
Joseph Gardner Mattson, Esquire
Ralph Suozzo, Esquire
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