Filed: Apr. 18, 2013
Latest Update: Apr. 18, 2013
Summary: STIPULATION TO WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL Fed. R. Civ. P. 38(d), 39(a)(1) LUCY H. KOH, District Judge. STIPULATION WHEREAS, Defendants East Charleston, Inc. ("ECI") and Pacific American Management Company ("PAMCO") have demanded a jury trial in this action pursuant to Federal Rule of Civil Procedure 38 [Docket for Case No. CV 11-02587 LHK Nos. 10, 54, 70, 93, and 154]; WHEREAS, none of the other parties in this action filed a demand for a jury trial in this actio
Summary: STIPULATION TO WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL Fed. R. Civ. P. 38(d), 39(a)(1) LUCY H. KOH, District Judge. STIPULATION WHEREAS, Defendants East Charleston, Inc. ("ECI") and Pacific American Management Company ("PAMCO") have demanded a jury trial in this action pursuant to Federal Rule of Civil Procedure 38 [Docket for Case No. CV 11-02587 LHK Nos. 10, 54, 70, 93, and 154]; WHEREAS, none of the other parties in this action filed a demand for a jury trial in this action..
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STIPULATION TO WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL Fed. R. Civ. P. 38(d), 39(a)(1)
LUCY H. KOH, District Judge.
STIPULATION
WHEREAS, Defendants East Charleston, Inc. ("ECI") and Pacific American Management Company ("PAMCO") have demanded a jury trial in this action pursuant to Federal Rule of Civil Procedure 38 [Docket for Case No. CV 11-02587 LHK Nos. 10, 54, 70, 93, and 154];
WHEREAS, none of the other parties in this action filed a demand for a jury trial in this action; and
WHEREAS, the parties seek to have all issues in this matter tried by the Court in the absence of a jury;
NOW THEREFORE, consistent with Federal Rules of Civil Procedure 38(d) and 39(a)(1), Civil Local Rule 7-12, and the Court's April 1, 2013 Order Granting in Part and Denying in Part Stipulation to Clarify and Consolidate Case Schedule, the Parties jointly stipulate to, and ask the Court to enter the attached Proposed Order providing that all issues in this case will be tried before the bench. The Parties, through their counsel of record, further stipulate to the following:
ECI and PAMCO hereby withdraw their demand for jury trial and consent to a non-jury trial by the Court of all issues in this action, pursuant to Federal Rules of Civil Procedure 38(d) and 39(a)(1).
Schlumberger Technology Corporation, Inc., National Semiconductor (Maine), Inc., Advalloy, Inc., by and through Intervenor Great American Insurance Company of New York, and Intervenor Travelers Casualty and Surety Company fka The Aetna Casualty and Surety Company, as Alleged Insurer of Suspended Corporation Third-Party Defendant Advalloy, Inc., hereby stipulate their consent to a nonjury trial by the Court of all issues in this case and consent to ECI and PAMCO's withdrawal of their jury demand, pursuant to Federal Rules of Civil Procedure 38(d) and 39(a)(1). Dated: April 15, 2013.
[PROPOSED] ORDER RE: WITHDRAWAL OF JURY DEMAND AND CONSENT TO NONJURY TRIAL
[PROPOSED] ORDER
Pursuant to the Stipulation and [Proposed] Order Re: Withdrawal of Jury Demand and Consent to Nonjury Trial, the Court approves the withdrawal of the jury demand by East Charleston, Inc., and Pacific American Management Company, and it is hereby ordered that all issues in this case will be tried by bench trial.
IT IS SO ORDERED.
