SUSAN MORGAN, District Judge.
Before the Court is a Motion to Bifurcate Trial filed by plaintiff, Krispy Krunchy Foods, LLC ("KKF").
KKF filed suit against Jafar Abukhalil, Inc., JAZ LLC, Ameer LLC, Franklin Avenue LLC, Jafar Abukhalil, and Imad Abukhalil (collectively, "Quicky's"), the operators of certain convenience stores in New Orleans, Louisiana. KKF's claims arise out of Quicky's alleged use of KKF's trademark and trade dress while selling non-KKF products.
KKF moved to bifurcate the June 30, 2014 bench trial, asking "that the parties initially make their presentations on all claims and defenses inherent in liability and the appropriateness (availability) of various remedies involved in KKF's trademark infringement claims, with a trial on the quantum of damages to be set for a later date."
Federal Rule of Civil Procedure 42(b) provides that "[f]or convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims." FED. R. CIV. P. 42(b). The decision to bifurcate pursuant to this rule is left to th sole discretion of the district court. See, e.g., First Texas Savings Assn. v. Reliance Ins. Co., 950 F.2d 1171, 1174 (5th Cir. 1992).
KKF asks this Court to bifurcate the trial and try only the following issues at the June 30 trial: (1) whether an accounting of Quicky's profits is warranted under the circumstances; (2) whether enhanced damages under the statute are warranted under the circumstances; (3) whether an award of attorneys' fees is warranted under the circumstances; and (4) what coverage does the Mesa Underwriters Specialty Insurance Company ("MUSIC") Personal and Advertising Injury provisions provide.
The Court agrees that judicial efficiency will be served by bifurcation, but disagrees with KKF's proposed bifurcation model. Exercising its discretion under Rule 42(b), the Court finds it appropriate to bifurcate only the amount of attorneys' fees in the event KKF is found to be entitled to recover them at the June 30, 2014 trial. At the June 30, 2014 trial, the parties will present claims and defenses relating to all other issues in the case, including KKF's right to recover attorneys' fees. A trial on the amount of attorneys' fees awarded to KKF, if appropriate, will be held on a later date.
For the above stated reasons,