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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Custom Homes By Via, LLC, Plaintiff, 10 11 vs. 12 Bank of Oklahoma, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 12-01017-PHX-FJM ORDER 15 16 17 18 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). 19 Defendant contends plaintiff waived the right to a jury trial in the deed of trust. 20 Plaintiff contends the waiver is unenforceable, and in any event the motion comes too late 21 on the eve of trial. Nevertheless, plaintiff is willing to waive its right to a jury trial if 22 defendant agrees to pay its reasonable fees and expenses incurred in preparing for a jury trial. 23 Response at 2. Defendant agrees to pay those expenses. Reply at 1-2. If the parties cannot 24 agree on the amount, the court will decide the amount. Id. The waiver of the jury is 25 unconditional. 26 We would have denied the motion on grounds it comes too late. Nevertheless, in light 27 of the plaintiff’s non-opposition and the parties’ agreement, it is ORDERED GRANTING 28 the parties’ joint Motion to try this case to the court without a jury. (Doc. 101). 1 Trial will proceed as scheduled beginning November 19th to the court without a jury. 2 DATED this 18th day of November, 2013. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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