Harry Stephens Farms Inc et al v. Wormald Americas Inc et al

Filing 347

ORDER granting in part and denying in part 274 Motion for Partial Summary Judgment; granting in part and denying in part 282 Motion for Partial Summary Judgment. Signed by Judge James M. Moody on 9/14/10. (bkp)

Harry Stephens Farms Inc et al v. Wormald Americas Inc et al

Doc. 347

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION HARRY STEPHENS FARMS, INC.; and HARRY STEPHENS, individually and as managing partner of STEPHENS PARTNERSHIP V. CASE NO. 2:06CV00166 JMM Consolidated with CASE NO. 4:07CV00278 JMM WORMALD AMERICAS, INC., Successor to ANSUL, INC.; and HELENA CHEMICAL CO., INC. EXXON MOBILE CORPORATION Successor to MOBIL CHEMICAL CO. ORDE R Pending are Defendants' motions for partial summary judgment regarding punitive damages or, in the alternative, to bifurcate trial. (Docket # 274 and 282). The motions are granted in part and denied in part. Summary judgment on the issue of punitive damages is denied at this time. Pursuant to Fed. R. Civ. P. 42(b), the Court finds that the case should proceed as follows for convenience, to avoid prejudice and to expedite and economize: Phase 1: The parties will present evidence relating to the issue of the statute of limitations and the jury will decide the fact question: "whether plaintiffs knew or reasonably should have known before June 9, 2003, that their property had suffered a remediable injury as a result of defendants' actions on neighboring property?" If the answer is "no:" Phase 2: Trial on the issues of liability and compensatory damages. Phase 3: If the Court finds that sufficient evidence exists, trial will proceed on the issue

PLAINTIFF

DEFENDANTS

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of punitive damages. Wherefore, Defendants' motions, docket #'s 274 and 282 are denied in part and granted in part. IT IS SO ORDERED this 14th day of September, 2010.

_______________________________ James M. Moody United States District Judge