Allen v. Greenville Hotel Partners, Inc.

Full title: Elsie Marie Allen, as Personal Representative of the Estate of Donna Lea…

Court: United States District Court, D. South Carolina, Greenville Division

Date published: Oct 25, 2006

C.A. Nos. 6:04-2327-HMH, 6:04-1260-HMH, 6:04-2328-HMH, 6:05-2142-HMH (D.S.C. Oct. 25, 2006)

Opinion

C.A. Nos. 6:04-2327-HMH, 6:04-1260-HMH, 6:04-2328-HMH, 6:05-2142-HMH.

October 25, 2006

OPINION ORDER

HENRY HERLONG JR., District Judge

This matter is before the court on R.G. Properties, LLC's ("RGP") motion to bifurcate pursuant to Rule 42 of the Federal Rules of Civil Procedure. Rule 42 states that

[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any . . . separate issue . . . or any number of issues, always preserving inviolate the right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States.

The court is always constrained to grant a motion to bifurcate. However, in light of the particular facts of this case, the court believes it would be in the best interests of justice and judicial economy to bifurcate the issues of liability and damages. Therefore, RGP's motion to bifurcate is granted.

IT IS SO ORDERED.