UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
February 17, 2010
TROY WHITMORE, PLAINTIFF,
DONALD SNYDER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Troy Whitmore's Motion to Sever (Doc. 150). The Court notes that the motion is expressly unopposed by all remaining Defendants except Defendant Lieutenant Moore, who has yet to appear in this matter and had default entered against him on February 1, 2008.
Being fully advised of the premises, the Court GRANTS the instant motion (Doc. 150), ORDERS that Moore be severed from all remaining Defendants, and REFERS this matter, as to all Defendants except Moore, to Magistrate Judge Clifford J. Proud for further proceedings, including but not limited to ruling on the pending Motion to Reopen Discovery (Doc. 144) and presiding over trial. See 28 U.S.C. § 636 (2006); S.D. Ill. L. R. 72.2(b)(3). As discussed infra, Magistrate Proud shall not order or direct any judgment. Further, the Court temporarily STAYS this matter as it relates to Moore, including ruling on the Motion for Default Judgment (Doc. 92), until liability is determined as to all other Defendants.
Following trial, Magistrate Judge Proud shall prepare a Report and Recommendation ("R & R") as to the default judgment motion, Moore's liability (which hinges on the liability of his subordinates (see Doc. 122)), and final judgment. This Court will then enter final judgment based on resolution of the trial and the R & R.
IT IS SO ORDERED.
© 1992-2010 VersusLaw Inc.