DCD Partners, LLC et al v. Transamerica Life Insurance Company et al

Filing 347

MINUTES (IN CHAMBERS) - DEFENDANT'S REQUEST FOR CLARIFICATION OF SCOPE AND FORMAT OF JURY AND BENCH TRIAL by Judge Christina A. Snyder: On 8/25/2017, defendant Transamerica Life Insurance Company ("Transamerica") filed a request that t he Court clarify the proper sequence of the jury and bench phases of the upcoming trial--set to commence on 9/5/2017--and the scope of the evidence to be presented to the jury 345 . To the extent there was any ambiguity in the Court's prior ins tructions, it is hereby ORDERED as follows: The trial will proceed in two stages. First, plaintiff DCD Partners, LLC's ("DCD") claims for breach of contract and breach of the implied covenant of good faith and fair dealing will be trie d to the jury. Second, the Court will separately conduct a bench trial as to DCD's unfair business practices and declaratory judgment claims, which are equitable in nature. The only evidence that will be admissible during the jury phase of the t rial will be evidence relevant to DCD's claims for breach of contract and breach of the implied covenant of good faith and fair dealing, as set forth in the Court's order on the parties' motions in limine, dated 8/21/2017 344 . Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 
Title 

‘O’

2:15-cv-03238-CAS (AJWx)
Date August 29, 2017
DCD PARTNERS, LLC ET AL. V. TRANSAMERICA LIFE
INSURANCE COMPANY ET AL.

Present: The Honorable 

CHRISTINA A. SNYDER 

Attorneys Present for Plaintiffs: 

N/A 

Tape No.

Attorneys Present for Defendants: 

Not Present 

Not Present 

Catherine Jeang 
Deputy Clerk 

Proceedings:  

Not Present 
Court Reporter / Recorder

(IN CHAMBERS) – DEFENDANT’S REQUEST FOR
CLARIFICATION OF SCOPE AND FORMAT OF JURY AND
BENCH TRIAL (Filed August 25, 2017, dkt. 345)

The Court finds this motion appropriate for decision without oral argument. See
Fed. R. Civ. P. 78; CD. Cal. L.R. 7–15. The matter is hereby taken under submission.
On August 25, 2017, defendant Transamerica Life Insurance Company
(“Transamerica”) filed a request that the Court clarify the proper sequence of the jury and
bench phases of the upcoming trial—set to commence on September 5, 2017—and the
scope of the evidence to be presented to the jury. Dkt. 345. On August 28, 2017,
plaintiffs DCD Partners, LLC (“DCD”), et al., filed a response arguing that
Transamerica’s request for clarification should be treated as an improper motion to
bifurcate and that DCD’s proposed evidence is admissible. Dkt. 346.
To the extent there was any ambiguity in the Court’s prior instructions, it is hereby
ORDERED as follows: The trial will proceed in two stages. First, DCD’s claims for
breach of contract and breach of the implied covenant of good faith and fair dealing will
be tried to the jury. Second, the Court will separately conduct a bench trial as to DCD’s
unfair business practices and declaratory judgment claims, which are equitable in nature.
The only evidence that will be admissible during the jury phase of the trial will be
evidence relevant to DCD’s claims for breach of contract and breach of the implied

CV-549 (01/17)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 
Title 

‘O’

2:15-cv-03238-CAS (AJWx)
Date August 29, 2017
DCD PARTNERS, LLC ET AL. V. TRANSAMERICA LIFE
INSURANCE COMPANY ET AL.

covenant of good faith and fair dealing, as set forth in the Court’s order on the parties’
motions in limine, dated August 21, 2017 (dkt. 344).
IT IS SO ORDERED.
Initials of Preparer

CV-549 (01/17)

CIVIL MINUTES - GENERAL

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