Opinion
Nos. C-03-4699 MMC, 26.
December 7, 2004
ORDER GRANTING DEFENDANT'S MOTION TO BIFURCATE TRIAL OF PLAINTIFF'S CLAIM FOR NEGLIGENT HIRING AND RETENTION AGAINST THE CITY; VACATING HEARING
Before the Court is defendants' motion, filed November 5, 2004, to bifurcate the trial of plaintiff's claim against the City and County of San Francisco ("City") for negligent hiring and retention from the trial of the remainder of plaintiff's claims. Plaintiff has filed opposition to the motion; defendants have not filed a reply. Having reviewed the papers filed in support of and in opposition to the motion, the Court finds the matter appropriate for decision without oral argument, see Civ. L.R. 7-1(b), and hereby VACATES the December 10, 2004 hearing on the motion.
For the reasons set forth in defendants' memorandum, the Court finds that bifurcation would avoid any potential prejudice to the individual officer defendants that may occur by simultaneously trying the claims asserted against them and the negligent hiring and retention claim asserted against the City, and will promote judicial economy by potentially mooting any need to try the negligent hiring and retention claim if the jury does not find any of the individual defendants liable on any of the claims asserted against them.See Fed.R.Civ.P. 42(b) (providing Court may order bifurcation "in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy").
Accordingly, the Court hereby GRANTS defendants' motion.
The order closes Docket No. 26.