Coach, Inc. et al v. Richie's Playhouse Inc. et al

Filing 149

ORDER Bifurcating Phases of Trial and Setting Dates ( Jury Trial set for 12/3/2013 09:00 AM before District Judge Paul D. Borman)*See Order for further dates* Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
COACH, INC. and COACH SERVICES, INC.,
Plaintiffs,

Case No. 11-cv-12638
Paul D. Borman
United States District Judge

v.

RICHIE’S PLAYHOUSE INC. d/b/a
Luxury Replicas and Mega Mall,
RICHARD L. KELLEY, JR.,
BRYNN KELLEY, and
UNKNOWN DEFENDANTS 1-10 (John Does),

Laurie J. Michelson
United States Magistrate Judge

Defendants.
________________________________________/
ORDER (1) BIFURCATING LIABILITY AND DAMAGES PHASES OF THE TRIAL AND
(2) SETTING DATES FOR THE LIABILITY PHASE OF THE TRIAL
The Court held a Final Pretrial Conference in this action on July 10, 2013. As discussed at
the Final Pretrial Conference, the Court will bifurcate the liability and damages phases of the trial.
The United States Court of Appeals for the Sixth Circuit has summarized the analysis for the
bifurcation of a trial under Fed. R. Civ. P. 42(b):
A court may bifurcate a trial in furtherance of convenience or to avoid prejudice, or
when separate trials will be conducive to expedition and economy. In determining
whether separate trials are appropriate, the court should consider several facts,
including the potential prejudice to the parties, the possible confusion of the jurors,
and the resulting convenience and economy.
Wilson v. Morgan, 477 F.3d 326, 339 (6th Cir. 2007) (internal citations and quotation marks
omitted); Saxion v. Titan-C-Mfg., Inc., 86 F.3d 553, 556 (6th Cir. 1996) (recognizing the decision
to bifurcate a trial is within the discretion of the district court and can be made on its own motion).

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Accordingly, the case will proceed to trial as to liability only, and against Defendant Brynn
Kelley only, on December 3, 2013. The following schedule will govern this liability phase:
Motions in limine due:

September 20, 2013

Responses due:

October 4, 2013

Replies due:

October 11, 2013

Hearing on motions in limine:

November 1, 2013 at 2:00 p.m.

Jury trial begins:

December 3, 2013 at 9:00 a.m.

Separate motions in limine shall be filed as to each issue presented. Motions that refer the
Court to the applicable Federal Rule of Evidence, without citation to relevant supporting case law,
are highly disfavored. The Court will not entertain motions in limine on the issue of damages at this
time. The damages phase of the trial will be scheduled following the jury determination as to the
liability of Defendant Brynn Kelley.
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: July 11, 2013
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party
of record herein by electronic means or first class U.S. mail on July 11, 2013.

s/Deborah Tofil
Case Manager

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