Rodrique, et al v. Eckerd Corporation, et al

Filing 274

ORDER granting 266 Joint Motion to Bifurcate Liability and Damages Trials. Signed by Judge Virginia M. Hernandez Covington on 2/8/2006. (kak)

Rodrique, et al v. Eckerd Corporation, et al

Doc. 274

Case 2:03-cv-00519-VMC-SPC

Document 274

Filed 02/08/2006

Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DELICE RODRIQUE and MARTIN SCHAEFER, individually and on behalf of all others similarly situated, Plaintiffs, vs. ECKERD CORPORATION, Defendant. ORDER This matter comes before the Court on the parties' Joint Motion to Bifurcate Liability and Damages Trials (Doc. # 266), which was filed on February 6, 2006. The parties seek an order bifurcating the issues of liability and damages at trial pursuant to Federal Rule of Civil Procedure 42(b), which states: The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues, always preserving inviolate the right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States. The joint motion explains: "the calculation of damages, given the involvement of 2607 Opt-in Plaintiffs, would be extraordinarily cumbersome at best and unnecessary should the jury and/or Court / Case No. 2:03-cv-519-FtM-33SPC

Dockets.Justia.com

Case 2:03-cv-00519-VMC-SPC

Document 274

Filed 02/08/2006

Page 2 of 2

determine that there is no liability. liability were determined, the amount in

More importantly, if of damages event owed is a

mathematical

certainty.

Indeed,

the

liability

was

established, it is most probably that the parties would be able to stipulate to the amount of damages." (Doc. # 266 at 2). The Court finds it appropriate to grant the motion to

bifurcate the trial. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: 1. The parties' Joint Motion to Bifurcate Liability and Damages Trials (Doc. # 266) is GRANTED. DONE and ORDERED in Chambers in Ft. Myers, Florida, this 8th day of February 2006.

Copies:

All Counsel of Record

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