Custom Homes By Via LLC v. Bank of Oklahoma NA et al

Filing 106

ORDER: IT IS ORDERED GRANTING the parties' joint Motion to try this case to the court without a jury 101 . Trial will proceed as scheduled beginning November 19th, 2014 at 9:00 AM to the court without a jury. (See attached order for details). Signed by Senior Judge Frederick J Martone on 11/18/13. (JAMA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Custom Homes By Via, LLC,
Plaintiff,

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vs.

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Bank of Oklahoma,
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Defendant.
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No. CV 12-01017-PHX-FJM
ORDER

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The court has before it defendant’s Motion to strike the jury and try this case to the
court (doc. 101), plaintiff’s Response (doc. 103), and defendant’s Reply (doc. 105).

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Defendant contends plaintiff waived the right to a jury trial in the deed of trust.

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Plaintiff contends the waiver is unenforceable, and in any event the motion comes too late

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on the eve of trial. Nevertheless, plaintiff is willing to waive its right to a jury trial if

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defendant agrees to pay its reasonable fees and expenses incurred in preparing for a jury trial.

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Response at 2. Defendant agrees to pay those expenses. Reply at 1-2. If the parties cannot

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agree on the amount, the court will decide the amount. Id. The waiver of the jury is

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unconditional.

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We would have denied the motion on grounds it comes too late. Nevertheless, in light

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of the plaintiff’s non-opposition and the parties’ agreement, it is ORDERED GRANTING

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the parties’ joint Motion to try this case to the court without a jury. (Doc. 101).

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Trial will proceed as scheduled beginning November 19th to the court without a jury.

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DATED this 18th day of November, 2013.

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