Stewart et al v. Hub Group Trucking Inc et al

Filing 87

ORDER signed by Judge Rudolph T. Randa on 5/18/2016 DENYING 81 Defendants' Motion to Bifurcate. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RONALD W. STEWART,
Plaintiff,
and
KOHLER COMPANY,
Involuntary Plaintiff,
-vs-

Case No. 14-C-1566

HUB GROUP TRUCKING, Inc., GREAT WEST
CASUALTY COMPANY, and NORFOLK SOUTHERN
RAILWAY COMPANY,
Defendants.

DECISION AND ORDER
This action arises from injuries suffered by Ronald Stewart as he
was operating a spotter tractor while working at the Kohler Company.
Stewart alleges that his injuries were caused by a defective chassis
provided by Hub Group Trucking, Inc. Hub Group and the other
defendants move to bifurcate liability and damages discovery.
The decision to bifurcate discovery is a matter committed to the
discretion of the trial court. See Ocean Atl. Woodland Corp. v. DRH
Cambridge Homes, Inc., No. 02 C 2523, 2004 WL 609326, at *2 (N.D. Ill.

March 23, 2004) (collecting cases). Relevant factors for the Court to
consider are convenience, the avoidance of prejudice, expedition, and
economy. See id. (“In accordance with the broad language of [Federal Rule
of Civil Procedure 42(b)], the district court is vested with discretion in
determining whether to try issues separately, …”).
Defendants argue that the Court should defer damages discovery
because liability is questionable and, with the exception of the plaintiff’s
deposition, there is no overlap between the two types of discovery. The
Court is not in a good position to judge the merits of plaintiff’s case. Even if
the defendants have a better than average chance of winning this case on
summary judgment, concurrent damages discovery should not be all that
expensive or time-consuming. According to the plaintiff, the amount in
controversy exceeds the minimum jurisdictional amount (obviously), but it
“is not anywhere near the seven-figure range.” Moreover, if summary
judgment is denied, the parties will be forced to resume discovery that
could have been finished before the discovery deadline in the run-up to
trial. Depending on when the Court issues its summary judgment ruling,
the trial date could be jeopardized. Given these alternatives, the best
approach is to deny bifurcation.

-2-

Defendants’ motion to bifurcate liability and damages discovery
[ECF No. 81] is DENIED.
Dated at Milwaukee, Wisconsin, this 18th day of May, 2016.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

-3-