Carter et al v. EOG Resources, Inc. et al

Filing 90

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 64 Motion to Bifurcate; denying 64 Motion to Stay. (KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Dawn Carter, as personal representative of
the Estate of Jereme Loydd Mortinson,
deceased, and Dawn Carter, on behalf of
the heirs and next of kin of Jereme Loydd
Mortinson, deceased,
Plaintiffs,
vs.
EOG Resources, Inc. and,
Crude Processing Inc.,
Defendants.

EOG Resources, Inc.,
Third-Party Plaintiff,
vs.
S&S Sales 2008, Inc.,
Third-Party Defendant.

S&S Sales 2008, Inc.,
Fourth-Party Plaintiff,
vs.
RES Investments, LLC,
Fourth-Party Defendant.

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ORDER DENYING MOTION
TO BIFURCATE AND STAY
DISCOVERY

Case No. 4:12-cv-003

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Before the court is the motion by S&S Sales 2008, Inc. (“S&S Sales”) to bifurcate the trial
of the third-party claim by EOG Resources, Inc. against S &S Sales and the fourth-party claim by
S&S Sales against RES Investments, LLC and to stay discovery with respect to the third-party and
fourth-party claims (Doc. No. 64). The request to stay discovery is DENIED. The request for
bifurcation is also DENIED. With respect to the latter, any party may renew the motion for
bifurcation after the court has considered any dispositive motions addressing the third and fourthparty claims. Also, the court may later take up the matter of bifurcation of the trial of the third-party
and fourth-party claim (if appropriate) sua sponte.
Dated this 6th day of March, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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