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Buesing Corporation v. Helix Electric of Nevada, LLC, 2:16-cv-01439-JCM-NJK. (2019)

Court: District Court, D. Nevada Number: infdco20190611a85 Visitors: 8
Filed: Jun. 10, 2019
Latest Update: Jun. 10, 2019
Summary: STIPULATION AND ORDER TO TRY MATTER TO THE BENCH JAMES C. MAHAN , District Judge . Pursuant to Local Rule IA 6-2 and Federal Rules of Civil Procedure Rule 38(d), Plaintiff/Counter-Defendant Buesing Corporation ("Buesing") and Defendant/Counterclaimant Helix Electric of Nevada, LLC ("Helix"), through their undersigned counsel of record (collectively "Parties"), hereby agree and stipulate to the withdrawal of each of the Parties' previously-filed jury demands so the trial of this matter can
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STIPULATION AND ORDER TO TRY MATTER TO THE BENCH

Pursuant to Local Rule IA 6-2 and Federal Rules of Civil Procedure Rule 38(d), Plaintiff/Counter-Defendant Buesing Corporation ("Buesing") and Defendant/Counterclaimant Helix Electric of Nevada, LLC ("Helix"), through their undersigned counsel of record (collectively "Parties"), hereby agree and stipulate to the withdrawal of each of the Parties' previously-filed jury demands so the trial of this matter can be tried to the bench. It is hereby stipulated:

1. On June 21, 2016, Buesing filed its Demand for Jury Trial (ECF No. 4).

2. On July 13, 2016, Helix filed its Demand for Jury Trial (ECF No. 10).

3. The contract governing the Parties' disputes provides for a waiver of a trial by jury by stating:

X. DISPUTE RESOLUTION . . . (6) Trial by Jury. Due to the specialized nature of construction litigation, each party waived the right to trial by jury.

4. Both Parties agree to withdraw their respective demand for jury trial.

5. Given the Parties' agreement to withdraw all filed jury demands as well as the express jury waiver in the governing contract, the Parties' request that the Court tries this matter as a bench trial.

Dated this 6th day of June, 2019. Dated this 6th day of June, 2019. DICKINSON WRIGHT PLLC PARKER, NELSON & ASSOCIATES, CHTD. /s/ Cynthia L. Alexander /s/ Shana D. Weir Cynthia L. Alexander (NV. Bar No. 6718) Theodore Parker, III (NV Bar No. 4716) J. Gregory Cahill (AZ Bar No. 012654) Shana D. Weir (NV Bar No. 9468) Admitted Pro Hac Vice 2460 Professional Court, Suite 200 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89128 Las Vegas, Nevada 89113 Attorneys for Defendant/Counterclaimant Attorneys for Plaintiff/Counter-Defendant Helix Electric of Nevada, LLC Buesing Corporation

ORDER

IT IS SO ORDERED.

Source:  Leagle

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