Wubben v. Yankton County, South Dakota et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
DENISE WUBBEN,
Plaintiff,
vs.
YANKTON COUNTY, SOUTH DAKOTA,
DAN KLIMISCH, IN HIS INDIVIDUAL
CAPACITY; AND GARY SWENSEN, IN
HIS INDIVIDUAL CAPACITY;
Defendants.
4:19-CV-04109-KES
ORDER DENYING AS MOOT
DEFENDANTS’ MOTION TO
BIFURCATE
Docket No. 36
Defendants Dan Klimisch and Yankton County moved the court to
bifurcate trial of the claims against them from the claims plaintiff asserts
against defendant Gary Swensen. 	See Docket No. 36. 	Both this motion to
bifurcate as well as two pending motions for summary judgment were referred
to this magistrate judge. 	In a separate opinion filed this same date, this
magistrate judge is recommending granting both pending motions for summary
judgment in their entirety and dismissing each of plaintiff’s claims. 	Therefore,
it is hereby
ORDERED that the motion to bifurcate by defendants Klimisch and
Yankton County is denied as moot. 	Should the district court reject this court’s
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recommendation as to the summary judgment motions, defendants are free to
renew their motion to bifurcate at that time.
DATED this 11th day of February, 2022.
BY THE COURT:
VERONICA L. DUFFY
United States Magistrate Judge
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