Banks

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GREGORY A BANKS, et al., Case No. 18-cv-07391-HSG

Plaintiffs, ORDER DENYING MOTION TO

DISMISS WITHOUT PREJUDICE AND

v. BIFURCATING AND STAYING

DERIVATIVE LIABILITY CLAIMS

MICHAEL MORTIMER, et al., Re: Dkt. No. 58 Defendants.

12 Before the Court is Defendants’ motion to dismiss Plaintiffs’ municipal (“Monell”) liability and supervisor liability claims. Dkt. No. 58. The Court has carefully considered the parties’ briefs. For the reasons set forth below the Court DENIES WITHOUT PREJUDICE Defendants’ motion to dismiss and, acting sua sponte, BIFURCATES the trial and discovery of Plaintiffs’ Monell and supervisory lability claims from their claims involving the individual liability of Defendants Mortimer and White.2 I. BACKGROUND According to the first amended complaint, at approximately 11:30 p.m. on June 16, 2017, Nathan Banks (“Decedent”) was sitting in the passenger seat of a parked vehicle with Jennifer 22…