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Doe v. U.S. Twirling Ass'n Inc.

Lawsuit's Bifurcation Denied; Liability, Damages Too Intertwined, Resources Not Saved

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ORDER Plaintiffs Jane Doe 1, Jane Doe 2, and John Doe 1 (collectively, “Plaintiffs”) bring this civil action against defendants United States Twirling Association (“UTSA”), Karen Cammer (“Cammer”) and Koralea Slagle (“Slagle”) (collectively, “Defendants”) concerning an alleged sexual assault of a minor that occurred during an USTA-supervised international baton-twirling trip to Lima, Peru (the “Lima Trip”). Before the Court is Defendants’ Motion to Bifurcate the trial, pursuant to Federal Rule of Civil Procedure 42(b). Defendants request that this Court bifurcate the trial into a liability phase and a damages phase. Defendants Motion to Bifurcate (“Def Mtn.”), ECF 59 at 2. In addition, Defendants request that the Court grant separate trials on compensatory damages and punitive damages, on the grounds that the burden of proof differs. Id. at 7. Specifically, Defendants argue that bifurcation would promote judicial efficiency and avoid prejudice and jury confusion. Plaintiffs oppose Defendants’ motion arguing that in this case liability and compensatory damages cannot be separated and that bifurcation will increase expenses, prolong the process, and inconvenience the Court, jury, parties, and witnesses. See Plaintiffs’ Opposition (“Pl. Opp.”), ECF 63 at 6. For the reasons that follow, Defendants’ motion to bifurcate the trial is denied. BACKGROUND1 In September of 2019, plaintiff Jane Doe 1, a minor, traveled to Lima, Peru with the USTA to serve as a baton twirling ambassador for the United States. Compl. at 1. Jane Doe 2 and John Doe 1 are Jane Doe 1′s parents. Id. Defendant Cammer, at all relevant times, was the President of the USTA, and Defendant Slagle was the USTA-approved chaperone for the Lima Trip. Id. at 2-3. Plaintiffs allege that Jane Doe 1 was drugged and sexually assaulted on the trip by a nonparty to this litigation, Jacobo2, who was the president of the Lima Lions Club-the local sponsors for the USTA-supervised trip. Compl.

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