Whitmore v. Snyder et al

Filing 151

MEMORANDUM AND ORDER granting 150 MOTION to Sever filed by Troy D Whitmore. This matter is referred to Magistrate Judge Clifford J. Proud as to all defendants EXCEPT Moore. Court temporarily stays this matter as it relates to Moore, including rul ing on Motion for Default Judgment 92 until liability is determined as to all other defendants. Following trial Judge Proud shall prepare a Report and Recommendation as to default judgment motion, Moore's liability and final judgment. This Court will then enter final judgment. Signed by Judge J. Phil Gilbert on 2/17/2010. (dka, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS TROY WHITMORE, Plaintiff, v. DONALD SNYDER, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. 04-cv-837-JPG

MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff Troy Whitmore's Motion to Sever (Doc. 150). The Court notes that the motion is expressly unopposed by all remaining Defendants except Defendant Lieutenant Moore, who has yet to appear in this matter and had default entered against him on February 1, 2008. Being fully advised of the premises, the Court GRANTS the instant motion (Doc. 150), ORDERS that Moore be severed from all remaining Defendants, and REFERS this matter, as to all Defendants except Moore, to Magistrate Judge Clifford J. Proud for further proceedings, including but not limited to ruling on the pending Motion to Reopen Discovery (Doc. 144) and presiding over trial. See 28 U.S.C. § 636 (2006); S.D. Ill. L. R. 72.2(b)(3). As discussed infra, Magistrate Proud shall not order or direct any judgment. Further, the Court temporarily STAYS this matter as it relates to Moore, including ruling on the Motion for Default Judgment (Doc. 92), until liability is determined as to all other Defendants. Following trial, Magistrate Judge Proud shall prepare a Report and Recommendation ("R & R") as to the default judgment motion, Moore's liability (which hinges on the liability of his subordinates (see Doc. 122)), and final judgment. This Court will then enter final judgment based on resolution of the trial and the R & R. IT IS SO ORDERED. DATED: February 17, 2010

s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE