From Casetext: Smarter Legal Research

Reid v. U.S. Postal Service

United States District Court, S.D. Ohio, Western Division at Dayton
Jan 28, 2010
Case No. 3:07cv00453 (S.D. Ohio Jan. 28, 2010)

Opinion

Case No. 3:07cv00453.

January 28, 2010


DECISION AND ENTRY


This case is before the Court upon Defendant Martin D. Burns' Motion to Bifurcate (Doc. #57), the Government's Brief in Opposition (Doc. #65), Defendant Burns' Reply (Doc. #71), and the record as a whole.

Defendant Burns seeks an Order, pursuant to Fed.R.Civ.P. 42, bifurcating for trial the scope-of-employment issues from issues relating to the nature and extent of damages. Such bifurcation is warranted, according to Defendant Burns, because resolution of the scope-of-employment issues would greatly clarify and simply the roles of the various litigants and other remaining issues to be resolved at trial.

The Government opposes bifurcation by pointing out that it already has already singled out the scope-of-employment issue in its Motion for Partial Summary Judgment, and as a result, bifurcation would serve no purpose.

The Government's position is well taken at the present time. Although the Court previously denied the Government's Motion for Partial Summary Judgment, the denial was without prejudice to renewal at the conclusion of additional discovery. (Doc. #109). Consequently, Defendant Burns' Motion to Bifurcate is presently premature and should be denied without prejudice to renewal.

Accordingly, it is hereby ORDERED that Defendant Martin D. Burns' Motion to Bifurcate (Doc. #57) is DENIED without prejudice to renewal.


Summaries of

Reid v. U.S. Postal Service

United States District Court, S.D. Ohio, Western Division at Dayton
Jan 28, 2010
Case No. 3:07cv00453 (S.D. Ohio Jan. 28, 2010)
Case details for

Reid v. U.S. Postal Service

Case Details

Full title:M. DAVID REID, Individually and as Administrator of the Estate of Mary Ann…

Court:United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Jan 28, 2010

Citations

Case No. 3:07cv00453 (S.D. Ohio Jan. 28, 2010)