5:23-cv-00326
W.D. Okla.Aug 13, 2024Background
- Plaintiff, Jacqueline L. Rowe, filed suit against Schulte Hospitality Group, LLC.
- Defendant removed the case to federal court on April 18, 2023 under federal question jurisdiction.
- After removal, Rowe had 14 days to demand a jury trial but did not do so.
- The parties submitted a Joint Status Report requesting a non-jury (bench) trial.
- Nearly a year later, Rowe moved to waive the bench trial and requested a jury trial, citing it as her constitutional right.
- Defendant opposed, arguing the right had been waived, and moved to strike the late jury demand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff is entitled to a jury trial despite not timely demanding it | Constitutional right to jury trial | Plaintiff waived right by not timely demanding and by requesting a non-jury trial | Plaintiff waived right, motion denied |
| Whether the Court should grant Plaintiff’s belated jury demand under Rule 39(b) | No explanation beyond asserting right | No grounds for relief—mere inadvertence not enough | Court denies relief under Rule 39(b) |
| Whether Defendant’s motion to strike Plaintiff’s late jury demand should be granted | Demand is proper as of right | Demand is untimely and duplicative | Motion to strike is granted |
Key Cases Cited
- Nissan Motor Corp. in U.S.A. v. Burciaga, 982 F.2d 408 (10th Cir. 1992) (inadvertence not sufficient grounds for a late jury demand under Rule 39(b))
- West Ridge Group, LLC v. First Trust Co. of Onaga, 414 F. App’x 112 (10th Cir. 2011) (denying jury trial motion where waiver was intentional or due to inadvertence)
- Dill v. City of Edmond, 155 F.3d 1193 (10th Cir. 1998) (same, discussing circumstances supporting waiver of jury trial right)
- In re Kaiser Steel Corp., 911 F.2d 380 (10th Cir. 1990) (defining the last pleading directed to the issue for jury demand timing)