Norman v. Travelers Indemnity Company

W.D. Washington

Norman v. Travelers Indemnity Company

DecidedNovember 9, 2021

Docket2:20-cv-01250

StatusUnknown

This text of Norman v. Travelers Indemnity Company (Norman v. Travelers Indemnity Company) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Norman v. Travelers Indemnity Company, (W.D. Wash. 2021).

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 BRAD NORMAN, CASE NO. C20-1250-JCC 10 Plaintiff, MINUTE ORDER 11 v. 12 TRAVELERS INDEMNITY COMPANY, 13 Defendant. 14

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 18 complaint did not contain a jury demand, (see Dkt. No. 1-1), and it does not appear that Plaintiff 19 later demanded a jury under Federal Rule of Civil Procedure 38(b) or Local Civil Rule 38(b), 20 (see Dkt. No. 8 at 6 (Dec. 8, 2020 Joint Status Report: “At this time, the case is set to be tried 21 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- 23 setting the trial date (Dkt. No. 12.) That stipulation contained a proposed “jury trial date,” (see 24 Dkt. No. 11 at 1), even though no jury trial had been demanded. Plaintiff then filed a jury trial 25 demand. (Dkt. No. 13). Plaintiff’s counsel later reached out to the Court asking that this case be 26 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 2 and serving a written demand “no later than 14 days after the last pleading directed to the issue 3 [on which a jury trial is demanded] is served.” “A party waives a jury trial unless its demand is 4 properly served and filed.” Fed. R. Civ. P. 38(d). Plaintiff filed and served his complaint in July 5 2020, (Dkt. No. 1 at 2), and filed his jury demand in October 2021 (Dkt. No. 13.) Accordingly, 6 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 10 Clerk of Court 11 s/Sandra Rawski 12 Deputy Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 BRAD NORMAN, CASE NO. C20-1250-JCC 10 Plaintiff, MINUTE ORDER 11 v. 12 TRAVELERS INDEMNITY COMPANY, 13 Defendant. 14

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 18 complaint did not contain a jury demand, (see Dkt. No. 1-1), and it does not appear that Plaintiff 19 later demanded a jury under Federal Rule of Civil Procedure 38(b) or Local Civil Rule 38(b), 20 (see Dkt. No. 8 at 6 (Dec. 8, 2020 Joint Status Report: “At this time, the case is set to be tried 21 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- 23 setting the trial date (Dkt. No. 12.) That stipulation contained a proposed “jury trial date,” (see 24 Dkt. No. 11 at 1), even though no jury trial had been demanded. Plaintiff then filed a jury trial 25 demand. (Dkt. No. 13). Plaintiff’s counsel later reached out to the Court asking that this case be 26 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 2 and serving a written demand “no later than 14 days after the last pleading directed to the issue 3 [on which a jury trial is demanded] is served.” “A party waives a jury trial unless its demand is 4 properly served and filed.” Fed. R. Civ. P. 38(d). Plaintiff filed and served his complaint in July 5 2020, (Dkt. No. 1 at 2), and filed his jury demand in October 2021 (Dkt. No. 13.) Accordingly, 6 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 10 Clerk of Court 11 s/Sandra Rawski 12 Deputy Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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