Filed: Jan. 29, 2020
Latest Update: Jan. 29, 2020
Summary: ORDER DENYING MOTION FOR JURY TRIAL MICHAEL A. FAGONE , Bankruptcy Judge . On January 28, 2020, the Debtor filed a Motion for Jury Trial [Dkt. No. 146]. The Motion for Jury Trial is hereby DENIED. Even if the Debtor had a right to a jury trial in a civil contempt proceeding (a proposition that is dubious, at best), see, e.g., Shilltani v. United States , 384 U.S. 364 (1996), the right has been waived by the debtor's failure to raise that right in a timely manner, see Fed. R. Civ. P.
Summary: ORDER DENYING MOTION FOR JURY TRIAL MICHAEL A. FAGONE , Bankruptcy Judge . On January 28, 2020, the Debtor filed a Motion for Jury Trial [Dkt. No. 146]. The Motion for Jury Trial is hereby DENIED. Even if the Debtor had a right to a jury trial in a civil contempt proceeding (a proposition that is dubious, at best), see, e.g., Shilltani v. United States , 384 U.S. 364 (1996), the right has been waived by the debtor's failure to raise that right in a timely manner, see Fed. R. Civ. P. ..
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ORDER DENYING MOTION FOR JURY TRIAL
MICHAEL A. FAGONE, Bankruptcy Judge.
On January 28, 2020, the Debtor filed a Motion for Jury Trial [Dkt. No. 146]. The Motion for Jury Trial is hereby DENIED. Even if the Debtor had a right to a jury trial in a civil contempt proceeding (a proposition that is dubious, at best), see, e.g., Shilltani v. United States, 384 U.S. 364 (1996), the right has been waived by the debtor's failure to raise that right in a timely manner, see Fed. R. Civ. P. 38(b) (providing that a party may demand a jury trial by filing and serving a written demand "no later than 14 days after the last pleading directed to the issue is served"); Fed. R. Civ. P. 38(d) ("A party waives a jury trial unless its demand is properly served and filed."); see also Fed. R. Bankr. P. 9015(a) (making Fed. R. Civ. P. 38 applicable in all bankruptcy cases and proceedings). Demanding a jury trial three days before the evidentiary hearing is scheduled to begin appears to be nothing more than a delay tactic, and far from a good faith attempt to assert any right that may exist under the United States Constitution.
