Larsen v. PTT, LLC

Opinion

1 2 3

4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 RICK LARSEN, individually and on behalf Case No. 3:18-cv-05275-TMC 8 of all others similarly situated, ORDER REQUIRING SUPPLEMENTAL 9 BRIEFING Plaintiff, 10 v. 11 PTT, LLC, doing business as High 5 Games, 12 LLC; HIGH 5 ENTERTAINMENT LLC, 13 Defendant. 14

15 I. ORDER 16 By no later than Friday, January 24, 2025, both parties are directed to file supplemental 17 briefs of no more than 10 pages addressing (1) whether the Seventh Amendment requires a jury 18 to decide whether to award treble damages under the Washington Consumer Protection Act 19 (“CPA”) when CPA claims are brought in federal court; and (2) if so, how the jury should be 20 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 22 enhanced damages under Washington’s Insurance Fair Conduct Act); Northwestern Mut. Life 23 Ins. Co. v. Koch, 771 F. Supp. 2d 1253 (W.D. Wash. 2009) (same). The parties may also wish to 24 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 4 and waive any potential Seventh Amendment right, the parties may submit a stipulation to that 5 effect in lieu of supplemental briefing. 6 Dated this 14th day of January, 2025. ’ Le 8 Tiffany. Cartwright United States District Judge 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24