Alicea v. Wilcox et al

Filing 97

Judge Richard G. Stearns: ORDER (09cv11016) on Defendants' motion to Bifurcate Trial and Motion of John J. Romero To Dismiss, ENTERED. (Flaherty, Elaine)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 09-CV-11016-RGS
CARLOS SANABRIA
v.
CITY OF LAWRENCE, et al.
ORDER ON DEFENDANTS’ MOTION
TO BIFURCATE TRIAL
and MOTION OF JOHN J. ROMERO TO DISMISS
June 28, 2011
STEARNS, D.J.
The motion to bifurcate the trial of the claims against Kyle Wilcox from the
claims against the municipality and defendants named in their official capacities will
be ALLOWED. The court will further dismiss all claims against Chief John Romero
in his official capacity as no facts are pled against Romero personally that suggest “a
plausible entitlement to relief.” See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 559
(2007). It is the court’s understanding that plaintiff has entered into an agreement for
judgment as to Wilcox, leaving only the Monell claims against the City pending.1 A
second case (09-cv-12231-RGS - Alicea v. Wilcox, et al.) has been resolved by a

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On June 10, 2011, plaintiff stipulated to the dismissal of former Mayor Michael J. Sullivan
as a defendant.

verdict favorable to the plaintiff on the claims against Wilcox personally. A third case
(09-cv-11782-RGS - Beaulieu, et al. v. City of Lawrence, et al.) has been resolved
favorably to all of the individual defendants, including Wilcox, thus precluding any
Monell claim. See Los Angeles v. Heller, 475 U.S. 796, 799 (1986) (per curiam). The
court also is aware of two additional lawsuits pending against Wilcox in this court –
one before Judge Edward Harrington (09-cv-12149-EFH Fernandez, et al. v. Wilcox,
et al.), and another before Magistrate Judge Leo Sorokin (09-cv-11731-LTS - Estevez
v. City of Lawrence, et al.). The court believes that for reasons of judicial economy,
it makes sense to stay further action on the Alicea and Beaulieu matters until the other
cases are resolved and then consolidate all cases in which potential Monell liability
remains before taking up the issue of whether the affected plaintiffs are entitled to seek
a recovery over and above the amounts awarded by the jury or obtained by
agreement(s) for judgment.
ORDER
For the foregoing reasons, defendants’ Motion to Bifurcate is ALLOWED. The
motion to dismiss Chief Romero in his individual capacity is ALLOWED. The Alicea
and Sanabria cases are hereby STAYED pending resolution of the Fernandez and
Estevez matters and further orders of the court with respect to potential consolidation
of the remaining Monell claims. The Clerk will docket this order in the Alicea matter
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as well.
SO ORDERED.
/s/ Richard G. Stearns
________________________________
UNITED STATES DISTRICT JUDGE

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