Elkins

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 THE ESTATE OF CECIL ELKINS, JR., CASE NO. 1:13-CV-1483 AWI SAB et al., 11 Plaintiffs ORDER REGARDING ADDITIONAL PHASING OF TRIAL v.

HIPOLITO PELAYO,

14 Defendant

17 This is a civil rights lawsuit that stems from a fatal encounter between decedent Cecil 18 Elkins, Jr. (“Elkins”) and Defendant California Highway Patrol Officer Hipolito Pelayo 19 (“Defendant”). Plaintiffs, who are the estate of Elkins and Elkins’ family, seek damages under 20 federal and state law arising out of the death of Elkins. Currently pending before the Court is 21 briefing that was ordered by the Court sua sponte regarding the possible bifurcation at trial of 22 liability and damages. Plaintiffs agree that bifurcating liability from damages is appropriate, 23 Pelayo argues otherwise. For the reasons that follow, the Court will “trifurcate” the issues in this 24 cases as follows: liability and punitive liability, damages, and punitive damages.

26 27 1 The parties are familiar with the facts of this case. A thorough…