Eberhardinger v. City of York et al

Filing 70

ORDER dismissing State Farm's motion for severance & separate trials 40 w/out prejudice to State Farm refiling same if appropriate following ct's disposition of pending MSJs 58 60 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/21/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERIKA EBERHARDINGER,
Plaintiff
v.
CITY OF YORK, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-2481
(Chief Judge Conner)

ORDER
AND NOW, this 21st day of February, 2018, upon consideration of the motion
(Doc. 40) for severance and separate trials pursuant to Federal Rule of Civil
Procedure 42(b) filed by defendant State Farm Mutual Automobile Insurance
Company (“State Farm”), wherein State Farm seeks to sever the claims brought
against it from the claims asserted against defendants City of York, York City Police
Officer Benjamin Smith (“Officer Smith”), and Matthew Foster for purposes of trial,
(see Doc. 40 ¶ 27; see also Doc. 41 at 7-8), and it appearing that both State Farm and
the City of York and Officer Smith have recently filed full and potentially casedispositive summary judgment motions (see Docs. 58, 60), it is hereby ORDERED
that State Farm’s motion (Doc. 40) for severance and separate trials is DISMISSED
without prejudice to State Farm refiling same if appropriate following the court’s
disposition of the pending motions (Docs. 58, 60) for summary judgment.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania