INMAN v. TECHNICOLOR SA et al

Filing 157

ORDER granting 144 Cross Claim Stipulation collectively filed by those defendant who have appeared in this case; Defendants stipulate and acknowledge that all Defendants are deemed to have asserted, without the need of any further filings, a cross claim for contribution and/or common law indemnification; All Defendants, without the need for any further filings, deny any and all liability for all cross claims and have asserted all available affirmative defenses to said cross claims; By entering this Cross Claim Stipulation, defendants do not waive the ability to raise any objections to the Plaintiff's claims via a motion to dismiss or any other motion; Defendants who enter this stipulation acknowledge and agree that if the Court grant s the Motion to Dismiss of defendant eBay, that it files in response to the Plaintiff's First Amended Complaint or any other amended Complaints, or otherwise converts eBay's Motion to Dismiss into a motion for summary judgment brought by eB ay on the basis of the CDA preemption, and finds that the Plaintiff's claims against eBay arepreempted by Section 230 of the CDA, the preemption also applies to the cross claims for contribution or common law indemnification that may be asserted against eBay pursuant to this Cross Claim Stipulation and that said cross claims shall also be dismissed by an Order of Court granting eBay's motion; This Cross Claim Stipulation is intended to include the Defendants who have not yet been serve d and/or appeared in this lawsuit at the time the stipulation was filed; Any Defendants or Third-Party Defendants who may be added to this lawsuit or who may enter an appearance after this Cross Claim Stipulation is filed with the Court may join this Cross Claim Stipulation; If any Defendant or Third-Party Defendant refuses or fails to join this Cross Claim Stipulation, then the Defendants who have entered this stipulation reserve the right to assert a claim for contribution or indemnification a gainst any party who refuses or fails to join this stipulation; This Cross Claim Stipulation applies only to cross claims for contribution or common law indemnification and shall not apply to any contractual indemnification claims or other cross clai ms based upon other theories of liability; Contractual indemnification claims or other cross claims must be specifically plead in a cross claim per Fed.R.Civ.P. 13(g) and a response to said cross claim must be filed; If a party already has or doesass ert in a pleading filed with the Court a cross claim for contribution and/or common law indemnification covered by this stipulation, then no response to said cross claim is necessary; Liability for all cross claims for contribution and/or common law indemnification is denied and all available affirmative defenses have been asserted thereto. Signed by Chief Judge Gary L. Lancaster on 8/5/11. (map)