Norman v. Travelers Indemnity Company

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE BRAD NORMAN, CASE NO. C20-1250-JCC Plaintiff, MINUTE ORDER 11 v. TRAVELERS INDEMNITY COMPANY, 13 Defendant.

15 The following Minute Order is made by direction of the Court, the Honorable John C.

16 Coughenour, United States District Judge: 17 Defendant removed this case to this Court in August 2020. (Dkt. No. 1.) Plaintiff’s complaint did not contain a jury demand, (see Dkt. No. 1-1), and it does not appear that Plaintiff later demanded a jury under Federal Rule of Civil Procedure 38(b) or Local Civil Rule 38(b), (see Dkt. No. 8 at 6 (Dec. 8, 2020 Joint Status Report: “At this time, the case is set to be tried without a jury . . . .”), 7 (“Neither party filed a demand for a jury.”)).

22 On October 18, 2021, the Court by minute order granted the parties’ stipulated motion re- setting the trial date (Dkt. No. 12.) That stipulation contained a proposed “jury trial date,” (see Dkt. No. 11 at 1), even though no jury trial had been demanded. Plaintiff then filed a jury trial demand. (Dkt. No. 13). Plaintiff’s counsel later reached out to the Court asking that this case be set for a jury trial rather than a bench trial.

1 Under Federal Rule of Civil Procedure 38(b), 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 [on which a jury trial is demanded] is served.” “A party waives a jury trial unless its demand is properly served and filed.” Fed. R. Civ. P. 38(d). Plaintiff filed and served his complaint in July 2020, (Dkt. No. 1 at 2), and filed his jury demand in October 2021 (Dkt. No. 13.) Accordingly, Plaintiff’s jury demand is untimely and is deemed waived. See Pac. Fisheries Corp. v. HIH Cas.

7 & Gen. Ins., Ltd., 239 F.3d 1000, 1002 (9th Cir. 2001) (citing Russ v. Standard Ins. Co., 120 8 F.3d 988, 990 (9th Cir. 1997)).

9 DATED this 9th day of November 2021.

Ravi Subramanian Clerk of Court s/Sandra Rawski 12 Deputy Clerk