Larsen v. PTT, LLC

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA RICK LARSEN, individually and on behalf Case No. 3:18-cv-05275-TMC of all others similarly situated, ORDER REQUIRING SUPPLEMENTAL BRIEFING Plaintiff, v. PTT, LLC, doing business as High 5 Games, LLC; HIGH 5 ENTERTAINMENT LLC, Defendant.

I. ORDER By no later than Friday, January 24, 2025, both parties are directed to file supplemental briefs of no more than 10 pages addressing (1) whether the Seventh Amendment requires a jury to decide whether to award treble damages under the Washington Consumer Protection Act (“CPA”) when CPA claims are brought in federal court; and (2) if so, how the jury should be instructed. See, e.g., F.C. Bloxom Co. v. Fireman’s Fund Ins. Co., No. C10-1603-RAJ, 2012 WL 21 5992286, at *3–6 (W.D. Wash. Nov. 30, 2012) (Seventh Amendment requires jury trial on enhanced damages under Washington’s Insurance Fair Conduct Act); Northwestern Mut. Life Ins. Co. v. Koch, 771 F. Supp. 2d 1253 (W.D. Wash. 2009) (same). The parties may also wish to l review the previous jury instructions and verdict form used by this Court in Hotel Roslyn LLC v. 2 Amguard Ins. Co., No. 2:22-cv-01344-TMC, Dkts. 121, 127, 128, 129.

3 Alternatively, if both parties agree to submit the question of treble damages to the Court and waive any potential Seventh Amendment right, the parties may submit a stipulation to that effect in lieu of supplemental briefing.

6 Dated this 14th day of January, 2025. ’ Le 8 Tiffany. Cartwright United States District Judge 1]