Filed: Feb. 09, 2018
Latest Update: Feb. 09, 2018
Summary: ORDER GRANTING MOTION TO STRIKE REQUEST FOR JURY TRIAL [DKT. 11] AND DENYING MOTION FOR JURY TRIAL [DKT. 13] CHARLES R. BREYER , District Judge . The parties have filed two motions regarding a late-filed jury demand by Plaintiff Aundrea Batte ("Batte"). Defendant Southwest Airlines ("Southwest") moves to strike the demand, while Batte moves the Court to, in its discretion, order a jury trial despite the late-filed demand. Because Batte's failure to make a timely demand was based on a good-f
Summary: ORDER GRANTING MOTION TO STRIKE REQUEST FOR JURY TRIAL [DKT. 11] AND DENYING MOTION FOR JURY TRIAL [DKT. 13] CHARLES R. BREYER , District Judge . The parties have filed two motions regarding a late-filed jury demand by Plaintiff Aundrea Batte ("Batte"). Defendant Southwest Airlines ("Southwest") moves to strike the demand, while Batte moves the Court to, in its discretion, order a jury trial despite the late-filed demand. Because Batte's failure to make a timely demand was based on a good-fa..
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ORDER GRANTING MOTION TO STRIKE REQUEST FOR JURY TRIAL [DKT. 11] AND DENYING MOTION FOR JURY TRIAL [DKT. 13]
CHARLES R. BREYER, District Judge.
The parties have filed two motions regarding a late-filed jury demand by Plaintiff Aundrea Batte ("Batte"). Defendant Southwest Airlines ("Southwest") moves to strike the demand, while Batte moves the Court to, in its discretion, order a jury trial despite the late-filed demand. Because Batte's failure to make a timely demand was based on a good-faith mistake of law, the Court lacks discretion to order a jury trial. Accordingly, it DENIES Batte's motion and GRANTS Southwest's.
In cases that have been removed from state court, a party demanding a jury trial must serve and file the demand within 14 days of serving or being served with the notice of removal. See Fed. R. Civ. P. 38(b) & 81(C)(3)(b). The district court has some discretion to order a jury trial even in the absence of a proper demand, Fed. R. Civ. P. 39(b), but this discretion is narrow, Pac. Fisheries Corp. v. HIH Cas. & Gen. Ins., Ltd., 239 F.3d 1000, 1002 (9th Cir. 2001). Where a party has failed to make a timely demand, the court may only order a jury trial if that failure was based on "some cause beyond mere inadvertence." Id. The court has no discretion to do so where the failure was due to a party's inadvertence, oversight, or good-faith mistake of law. Id. at 1002-03.
Batte concedes that she did not serve and file her demand within 14 days of being served with Southwest's notice of removal. Pl.'s Opp. (dkt. 12) at 4. She argues, however, that the Court has discretion to order a jury trial because she reasonably relied on Southwest's representation that it would agree to "stay all discovery and case deadlines" for a time. See Eaton-May Decl. Ex. B (dkt. 13-2) at 16. It is unclear whether Southwest's representation contemplated the deadline for demanding a jury trial. But this is of no moment, because the parties do not have the power to unilaterally extend the deadline for making a jury demand. See Fed. R. Civ. P. 38(b) & 81(C)(3)(b); Civ. L.R. 6-1. In other words, Batte's late demand was based on a good-faith mistake of law. Accordingly, the Court lacks discretion to order a jury trial. See Pac. Fisheries Corp., 239 F.3d at 1002-03.
Southwest's motion to strike the late-filed jury demand is GRANTED. Bane's motion for jury trial is DENIED.
IT IS SO ORDERED.