Cole et al v. Rocheville et al

Filing 97

ORDER by Judge Whyte granting 92 Motion to Bifurcate (rmwlc1, COURT STAFF) (Filed on 9/2/2010)

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Cole et al v. Rocheville et al Doc. 97 1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING DEFENDANTS' MOTION TO BIFURCATE--No. C-08- 05017 RMW TER E-FILED on 9/2/2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION RUSSELL COLE and STEPHANIE OBERG, Plaintiffs, v. SUNNYVALE, CHIEF DON JOHNSON, OFFICER STEVEN ROCHEVILLE, LIEUTENANT TRACY HERN, OFFICER SCOTT CORTESE, and CAPTAIN KELLY FITZGERALD, Defendants. No. C-08- 05017 RMW ORDER GRANTING DEFENDANTS' MOTION TO BIFURCATE [Re Docket No. 92] Defendants move for an order bifurcating plaintiffs' municipal liability claims under 42 U.S.C. Section 1983 and for a stay of discovery related to such claims. Plaintiffs did not oppose the motion. For good cause appearing, defendant's motion is granted. Plaintiffs' municipal liability claims are bifurcated from the direct liability claims, and all discovery related to municipal liability is stayed. DATED: 9/2/2010 RONALD M. WHYTE United States District Judge

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