Aldana v. Maybelle Shipping, LLC et al

Filing 52

ORDER & REASONS that the Parties' Joint 48 Motion to Bifurcate and Motion to Strike Jury Demand is GRANTED and Maybelle Shipping, LLC's jury demand is stricken pursuant to Fed. R. Civ. Proc. 39(a). The matter will proceed as a bifurcated bench trial, with the issues of liability and Limitation tried separately from damages. Signed by Judge Eldon E. Fallon on 2/191/5. (Reference: Both Cases)(dno)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ROQUE ALDANA

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versus

MAYBELLE SHIPPING, LLC, ET AL.

CIVIL ACTION
No. 13-553
c/w 13-4917
SECTION “L” (4)

ORDER & REASONS
Plaintiff and claimant, Roque Aldana; claimant, American Longshore Mutual
Association; and defendants and petitioners-in-limitation, Maybelle Shipping, LLC and Catlin
Insurance Co., Inc., filed a Joint Motion to Strike Jury Demand and Bifurcate Trial. (Rec. Doc.
48). The parties argue that bifurcation is appropriate because the Plaintiff has not reached
maximum medical improvement, and resolution of liability could therefore avoid the need for
expensive and cumbersome medical discovery and testimony at trial. (Rec. Doc. 48 at 1-2).
Federal Rule of Civil Procedure 42(b) provides: “For convenience, to avoid prejudice, or
to expedite and economize, the court may order a separate trial of one or more separate issues,
claims, crossclaims, counterclaims, or third-party claims. When ordering a separate trial, the
court must preserve any federal right to a jury trial.” Fed. R. Civ. P. 42(b). In their joint motion,
the parties request that this matter proceed as a bench trial, so a jury trial is not an issue. “A
court may separate issues if (1) it would avoid prejudice, (2) it would be convenient to do so, or
(3) it would be economical or would expedite the litigation to do so.” Laitram Corp. v. HewlettPackard Company, 791 F. Supp. 113, 115 (E.D. La. 1992). Here, bifurcation is appropriate
because the Court can easily separate the liability and Limitation phases from the damages phase

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of trial. Furthermore, bifurcation serves judicial efficiency because the parties could avoid
expensive medical discovery and testimony at trial.
IT IS ORDERED that the parties’ Joint Motion (Rec. Doc. 48) is GRANTED and
Maybelle Shipping, LLC’s jury demand is stricken pursuant to Fed. R. Civ. Proc. 39(a). The
matter will proceed as a bifurcated bench trial, with the issues of liability and Limitation tried
separately from damages.

New Orleans, Louisiana, this 19th day of February, 2015.

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UNITED STATES DISTRICT JUDGE

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