Nelson v. City of Stamford et al

Filing 186

ORDER severing Edward Nelson's claims from Patricia Nelson's claims. See attached Order. Signed by Judge Vanessa L. Bryant on 1/31/12. (Hildebrand, J.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

EDWARD NELSON and
PATRICIA NELSON,
Plaintiffs,
v.
CITY OF STAMFORD, et al.
Defendants.

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CIVIL ACTION NO.
3:09-cv-1690 (VLB)
January 31, 2012

ORDER SEVERING CASE AS TO EDWARD NELSON

As discussed at length at the show cause hearing on January 19, 2012,
Patricia and Edward Nelson’s claims do not arise out of the same nucleus of
facts. Assuming Plaintiffs’ factual allegations to be true, they were each arrested
in separate locations out of view of the other and they were each subjected to
separate booking processes. Accordingly, Plaintiff Edward Nelson’s claims are
hereby severed from Plaintiff Patricia Nelson’s claims. Plaintiff Edward Nelson’s
claims will be given a new docket number to be directly assigned to Judge
Bryant. The filing fee for Edward Nelson’s claims is waived. Edward Nelson shall
file, by February 29, 2012, an amended complaint consisting solely of the claims
proceeding to trial following the Court’s decision on Summary Judgment,
consisting of: (1) Mr. Nelson’s claim of excessive force; (2) Mr. Nelson’s claim of
assault and battery, (3) Mr. Nelson’s claim of recklessness and negligence; (4) Mr.
Nelson’s claim of negligent infliction of emotional distress; and (5) Mr. Nelson’s
claim of negligence against the City of Stamford under Conn. Gen. Stat. §51-557n.

IT IS SO ORDERED.
_______/s/__________
Hon. Vanessa L. Bryant
United States District Judge

Dated at Hartford, Connecticut: January 31, 2012