Yaplee
(PC) Washington v. Yaplee
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROBERT WAYNE WASHINGTON, Case No. 1:20-cv-01356-EPG (PC) Plaintiff, ORDER DENYING DEFENDANT’S
MOTION TO BIFURCATE
13 v. (ECF No. 69).
STEVEN M. YAPLEE, M.D.
15 Defendant.
17 Before the Court is Defendant Steven M. Yaplee’s motion to hold a separate trial on Defendant’s statute of limitations defense. (ECF No. 69). Plaintiff opposes Defendant’s request. (ECF No. 74). For the reasons that follow, the Court will deny Defendant’s motion. I. BACKGROUND This action proceeds on Plaintiff’s Eighth Amendment claim against Defendant for deliberate indifference to Plaintiff’s serious medical needs. (ECF Nos. 1, 7). On January 23, 2023, Defendant filed a motion requesting the Court to bifurcate the issue of Defendant’s statute of limitations defense and order a separate trial. (ECF No. 69). According to Defendant, “[t]he question of when plaintiff became aware that he both (1) had an alleged ophthalmologic related post-operative infection and (2) was allegedly not…