Free Motion to Bifurcate - District Court of Delaware - Delaware

Case 1:04-cv-01394-GMS

Document 74

Filed 09/16/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CAPTAIN BARBARA L. CONLEY, Plaintiff, v. COLONEL L. AARON CHAFFINCH, individually and in his official capacity as the Superintendent, Delaware State Police; LIEUTENANT COLONEL THOMAS F. MACLEISH, individually and in his official capacity as the Deputy Superintendent, Delaware State Police; DAVID B. MITCHELL, individually and in his official capacity as Secretary of the Department of Safety and Homeland Security, State of Delaware; and DIVISION OF STATE POLICE, DEPARTMENT OF SAFETY AND HOMELAND SECURITY, STATE OF DELAWARE, Defendants.

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C.A.No.04-1394-GMS

PLAINTIFF'S MOTION TO BIFURCATE THE TRIAL OF COUNT ONE FROM COUNTS TWO AND THREE OR IN THE ALTERNATIVE TO SEVER COUNT ONE FROM COUNTS TWO AND THREE Pursuant to Fed.R.Civ.P. 42(b), for the reasons stated in the accompanying Opening Brief, plaintiff Captain Barbara L. Conley Moves that the Court issue an Order granting her Motion to bifurcate the trial of count one from counts two and three, or in the alternative, pursuant to Fed.R.Civ.P. 21, that the Court sever count one from counts two and three.

Case 1:04-cv-01394-GMS

Document 74

Filed 09/16/2005

Page 2 of 3

Respectfully Submitted, THE NEUBERGER FIRM, P.A. /s/ Stephen J. Neuberger THOMAS S. NEUBERGER, ESQ. (#243) STEPHEN J. NEUBERGER, ESQ. (#4440) Two East Seventh Street, Suite 302 Wilmington, DE 19801 (302) 655-0582 [email protected] [email protected] Attorneys for Plaintiff Dated: September 16, 2005

LOCAL RULE 7.1.1 STATEMENT Counsel certifies that he e-mailed defense counsel on September 12, 2005 to determine their position on this Motion. Defense counsel communicated that they oppose this Motion.

/s/ Stephen J. Neuberger STEPHEN J. NEUBERGER, ESQ.

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Case 1:04-cv-01394-GMS

Document 74

Filed 09/16/2005

Page 3 of 3

CERTIFICATE OF SERVICE I, Stephen J. Neuberger, being a member of the bar of this Court do hereby certify that on September 16, 2005, I electronically filed this Motion with the Clerk of the Court using CM/ECF which will send notification of such filing to the following:

Ralph K. Durstein III, Esquire Department of Justice Carvel State Office Building 820 N. French Street Wilmington, DE 19801 James E. Liguori, Esquire Liguori, Morris & Yiengst 46 The Green Dover, DE 19901

/s/ Stephen J. Neuberger STEPHEN J. NEUBERGER, ESQ.
Conley/ Briefs / Conley - Sever Motion.final

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