Jesness v. Bridges

Opinion

WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8

9 CARTER JESNESS, Case No. C18-1225 RSM

10 Plaintiff, ORDER GRANTING SECOND MOTION v. 12

14 Defendant.

15 This matter comes before the Court on Plaintiff’s Second Motion to Waive Jury Trial. 16 Dkt. #38. The Court has also received a declaration from Defendant Gregory Bridges 17 explaining why he originally sought a jury trial and his subsequent decision to “waive jury trial 18 19 and request the Court to proceed to bench trial.” Dkt. #39. 20 “When a party properly files a jury demand under the requirements of Rule 38(b), he has 21 satisfied all that is required by the Rules to avoid waiver, and his jury demand ‘may not be 22 withdrawn without the consent of the parties.’” Solis v. Los Angeles, 514 F.3d 946, 955 (9th 23 Cir. 2008) (quoting Fed. R. Civ. P. 38(d)). 24 25 The Court finds the parties have now consented to waive jury trial and that there is good 26 cause to proceed with a bench trial. Having reviewed the relevant briefing and the remainder of 27 the record, the Court hereby finds and ORDERS that Plaintiff’s Motion (Dkt. #38) is 28 GRANTED. The Court will set this case for a bench trial to begin on March 30, 2020. A 1 2 revised scheduling order will follow. 3 DATED this 7th day of February 2020. 4 A 5 7 CHIEF UNITED STATES DISTRICT JUDGE

8 9 10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28