TERRY L. MYERS, Bankruptcy Judge.
Before this Court is the motion of Defendants, David R. Unruh Trust and David R. Unruh, for a jury trial in this adversary proceeding. The Court determines that the motion will be denied, and it will enter an order accordingly.
On April 9, 2019, chapter 7 trustee, Noah G. Hillen ("Plaintiff"), filed his complaint seeking recovery under §§ 547(b) and 550(a)
On August 7, 2019, Plaintiff filed his "Notice of Consent to Final Judgment" pursuant to Rule 7008. Doc. No. 13. This notice did not address any allegations made in the complaint, nor did it allege any new causes of action against Defendants. On August 20, 2019, Defendants filed their "Motion and Memorandum to Withdraw the Reference," Doc. No. 16, and "Motion and Memorandum in Support of Demand for Trial by Jury," Doc. No. 17 ("Motion for Jury Trial"). The United States District Court for the District of Idaho ("District Court") considered both motions, but granted only the motion for withdrawal of reference. Hillen v. David R. Unruh Trust, 19-mc-10549-BLW, Doc. No. 5 at 5. The District Court declined to immediately withdraw the reference, ordering this Court to preside over all pretrial matters in this case—including the Motion for Jury Trial—until the matter is ready to proceed to trial. Id.
Though Defendants do not consent to the entry of final orders in this proceeding and have successfully requested the withdrawal of the District Court's reference under 28 U.S.C. § 157(d), Defendants' Motion for Jury Trial, Doc. No. 17, remains in this Court pursuant to the District Court's order. See Hillen v. David R. Unruh Trust, 19-mc-10549-BLW, Doc. No. 5 at 5, ¶ 2. Pursuant to that order, this Court will "preside over all pretrial matters in this case, including discovery and pretrial conferences and will resolve routine and dispositive motions. If either party files a dispositive motion, [this C]ourt will entertain that motion and submit proposed findings of fact, conclusions of law, and a recommendation for disposition to [the District] Court." Id., ¶ 3. A "dispositive motion" is "a motion for a trial-court order to decide a claim or case in favor of the movant without further proceedings; specif., a motion that, if granted, results in a judgment on the case as a whole[.]" BLACK'S LAW DICTIONARY 1216 (11th ed. 2019).
In considering a demand for jury trial, this Court is not asked to render judgment on the case as a whole. Rather, this Court is merely asked to decide a pretrial matter. And, per the District Court's order, such motion does not require this Court to submit proposed findings of fact, conclusions of law, and a recommendation for disposition to the District Court. Therefore, in accordance with the District Court's order and the reference therein respecting Defendants' Motion for Jury Trial, this Court issues this Decision, and a related order, resolving the Motion for Jury Trial.
Civil Rules 38 and 39 are incorporated by Rule 9015(a) and by such incorporation provide the procedure for jury trials.
Here, Defendants assert that Plaintiff's "Notice of Consent to Final Judgment," Doc. No. 12, is the applicable "last pleading." Doc. No. 17 at 3. Defendants are incorrect.
Therefore, the Court concludes Defendants' Motion for a Jury Trial is untimely as it was not filed until August 20, 2019, and consequently Defendants waived their right to a jury trial.
Despite Defendants' waiver of their right to a jury trial, Defendants argue the Court has discretion to order a jury trial. Doc. No. 17 at 3-6. "Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded." Civil Rule 39(b) (emphasis added).
In the Ninth Circuit, Civil Rule 39(b) is read narrowly:
Pac. Fisheries Corp. v. HIH Cas. & Gen. Ins., Ltd., 239 F.3d 1000, 1002 (9th Cir. 2001). Further, "A good faith mistake of law is no different than inadvertence or oversight. Therefore, an untimely jury demand due to legal mistake does not broaden the district court's narrow discretion to grant the demand." Id. at 1003.
Here, Defendants make four arguments as to why this Court should order a jury trial under Civil Rule 39(b). See Doc. No. 17 at 3-6. These arguments merely focus on the suitability of the type of claims for decision by jury and an alleged lack of prejudice to the Plaintiff. Defendants do not provide any explanation that would establish cause beyond mere inadvertence of counsel. See generally id. Therefore, this Court declines to exercise its discretion under Civil Rule 39(b) and denies Defendants' request for a jury trial thereunder.
For the foregoing reasons, Defendants' Motion for a Jury Trial will be denied. The Court will enter an appropriate order.