Trust Department of First National Bank of Santa Fe et al v. Burton Co. Inc.

Filing 153

ORDER GRANTING JOINT MOTION OF PLAINTIFFS AND INTERVENING PLAINTIFF TO BIFURCATE CLAIMS AND ISSUES PRESENTED BY THE INTERVENING PLAINTIFF. Order granting 122 Motion to Bifurcate. By Judge Robert E. Blackburn on 8/10/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-01629-REB-CBS
THE TRUST DEPARTMENT OF FIRST NATIONAL BANK OF SANTA FE, COLORADO
BRANCH, and
RICHARD QUANZ as CO-TRUSTEES and
REPRESENTATIVES OF THE IRREVOCABLE TRUST OF STEPHEN MELENDY,
and STEPHEN MELENDY,
Plaintiffs,
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
Intervenor Plaintiff,
v.
THE BURTON CORPORATION,
Defendant.

ORDER GRANTING JOINT MOTION OF PLAINTIFFS AND
INTERVENING PLAINTIFF TO BIFURCATE CLAIMS AND
ISSUES PRESENTED BY THE INTERVENING PLAINTIFF
Blackburn, J.
The matter before me is the Joint Motion of Plaintiffs and Intervening Plaintiff
To Bifurcate Claims and Issues Presented by the Intervening Plaintiff [#122],1 filed
July 24, 2012. In light of my Order Granting Plaintiffs’ Motion In Limine To Exclude
Evidence of Collateral Sources [#151], filed August 10, 2012, and the intervening
plaintiff’s waiver of any right to a jury trial on the subrogation issues presented by its
claim in intervention (see Nature of Intervening Plaintiff’s Subrogation
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“[#122]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

Interest [#150], filed August 10, 2012), I grant the motion to bifurcate the subrogation
claims of the intervening plaintiff, National Fire Insurance Company of Hartford, from the
trial of liability and damages in this action.
THEREFORE, IT IS ORDERED as follows:
1. That the Joint Motion of Plaintiffs and Intervening Plaintiff To Bifurcate
Claims and Issues Presented by the Intervening Plaintiff [#122], filed July 24, 2012,
is GRANTED; and
2. That only plaintiffs’ claims against defendant The Burton Corporation, SHALL
BE TRIED during the initial trial of this case currently scheduled to commence on
Monday, August 13, 2012, and
3. That if necessary, the court SHALL SCHEDULE a trial of the claims for
subrogation of the intervening plaintiff National Fire Insurance Company of Hartford
after the jury returns its verdict in the trial set to commence August 13, 2012.
Dated August 10, 2012, at Denver, Colorado.
BY THE COURT:

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