Gulf Restoration Network v. Oscar Renda Contracting, Inc.

Filing 147

ORDER granting 58 Motion to Bifurcate Signed by District Judge Louis Guirola, Jr on 12/14/2018 (Guirola, Louis)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
GULF RESTORATION NETWORK
v.

PLAINTIFF
CAUSE NO. 1:17CV130-LG-RHW

OSCAR RENDA CONTRACTING, INC.

DEFENDANT

ORDER GRANTING MOTION TO
BIFURCATE LIABILITY AND PENALTY PHASES
BEFORE THE COURT is the [58] Motion to Bifurcate Liability and Penalty
Phases filed by the plaintiff Gulf Restoration Network. The defendant Oscar Renda
Contracting Inc. filed its response in opposition, and the Network replied.
Bifurcation is appropriate where convenient, economical, or necessary to
avoid prejudice. See Fed. R. Civ. P. 42(b) (“For convenience, to avoid prejudice, or
expedite and economize, the court may order a separate trial of one or more
separate issues, claims, crossclaims, counterclaims, or third party claims.”)
However, “the issue to be tried must be so distinct and separate from the others
that a trial of it alone may be had without injustice.” McDaniel v. Anheuser-Busch,
Inc., 987 F. 2d 298, 305 (5th Cir. 1993) (quoting Swofford v. B. & W., Inc., 336 F. 2d
406, 415 (5th Cir. 1964)).
Because this is a Clean Water Act case, a jury will hear and determine the
liability portion, but the Court alone will assess the penalty. See Tull v. United
States, 481 U.S. 412, 427 (1987) (“[t]he trial court and not the jury should determine
the amount of penalty, if any.”) The factors the Court must consider are “the
seriousness of the violation or violations, the economic benefit (if any) resulting

from the violation, any history of such violations, any good-faith efforts to comply
with the applicable requirements, the economic impact of the penalty on the
violator, and such other matters as justice may require.” 33 U.S.C. § 1319(d).
Clearly, the jury will hear some evidence regarding these factors because it will be
relevant to liability, but there is no need for them to hear any evidence regarding
the financial factors. The matter of an appropriate penalty is separate and distinct
from the jury’s determination of Clean Water Act violations. Therefore, the Court
will exercise its discretion to bifurcate the liability and penalty phases of the trial in
this case.
IT IS THEREFORE ORDERED AND ADJUDGED that the [58] Motion to
Bifurcate Liability and Penalty Phases filed by the plaintiff Gulf Restoration
Network is GRANTED. In the event that the jury trial concludes with a verdict in
favor of the plaintiff, the Court will immediately commence with the penalty phase.
SO ORDERED AND ADJUDGED this the 14th day of December, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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