Garrett v. Emirates Which Will Do Business in California as Emirates Airline

Filing 10

STIPULATION and ORDER 9 for Trial of all issues by Court without a sitting jury signed by District Judge Troy L. Nunley on 4/23/2015. Court's 4/9/2015 7 Order requiring Briefing on issue of plaintiff's entitlement to Jury Trial is VACATED. (Marciel, M)

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Kevin R. Sutherland (State Bar No. 163746)
Kevin O. Moon (State Bar No. 246792)
CLYDE & CO US LLP
101 Second Street, 24th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendant
EMIRATES

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John D. Barr (State Bar No. 40663)
Douglas Mudford (State Bar No. 156392)
David Case (State Bar No. 56701)
Estee Lewis (State Bar No. 268358
Cathleen T. Barr (State Bar No. 295538)
BARR & MUDFORD, LLP
1824 Court Street / P.O. Box 994390
Redding, California 96099-4390
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Plaintiff
JUDY GARRETT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUDY GARRETT,

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Plaintiff,
v.

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EMIRATES WHICH WILL DO
BUSINESS IN CALIFORNIA AS
EMIRATES AIRLINE; and DOES 1
through 50, inclusive,

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Defendants.

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Case No.: 2:14-cv-02717-TLN-CMK
STIPULATION TO TRIAL OF ALL
ISSUES BY COURT SITTING
WITHOUT A JURY; ORDER
[Fed. R. Civ. Proc. 39]

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Plaintiff Judy Garrett, by and through her counsel of record, Barr &

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Mudford, LLP, and defendant Emirates, by and through its counsel of record,
STIPULATION TO TRIAL OF ALL ISSUES BY COURT SITTING WITHOUT A JURY;
ORDER

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Clyde & Co US LLP, hereby stipulate as follows.
WHEREAS, on April 9, 2015, the Court issued a Pretrial Scheduling Order
in this case;

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WHEREAS, in connection with the Pretrial Scheduling Order, the Court has

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noted that, in the parties' Joint Status Report, plaintiff has demanded a jury trial but

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Emirates has contended that plaintiff is not entitled to a jury trial because Emirates

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is an agency or instrumentality of a foreign state;

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WHEREAS, the Court issued an Order dated April 9, 2015, requesting
briefing as to whether plaintiff is entitled to a jury trial; and
WHEREAS, the parties have met and conferred regarding the issue of
whether plaintiff is entitled to a jury trial and have agreed as follows.

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IT IS HEREBY STIPULATED by and between plaintiff and Emirates that:

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1.

28 U.S.C. Section 1603(a);

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Emirates is an agency or instrumentality of a foreign state pursuant to

2.

The trial of this case on all issues should be by the Court sitting

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without a jury pursuant to 28 U.S.C. Sections 1330(a) and 1441(d);

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and

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3.

Good cause exists for the Court to vacate its Order dated April 9,
2015, requiring briefing by the parties on the foregoing issues.

IT IS SO STIPULATED.

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Dated: April 20, 2015

CLYDE & CO US LLP
By: /s/
KEVIN R. SUTHERLAND
KEVIN O. MOON
Attorneys for Defendant
EMIRATES

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-2STIPULATION TO TRIAL OF ALL ISSUES BY COURT SITTING WITHOUT A JURY;
ORDER

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Dated: April 17, 2015

BARR & MUDFORD, LLP

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By: /s/
JOHN D. BARR
ESTEE LEWIS
Attorneys for Plaintiff
JUDY GARRETT

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ORDER

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The Court having reviewed the foregoing Stipulation, and good cause
appearing therefore.

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IT IS HEREBY ORDERED THAT:

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1.

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28 U.S.C. Section 1603(a);
2.

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Emirates is an agency or instrumentality of a foreign state pursuant to

The trial of this case shall be by the Court sitting without a jury
pursuant to 28 U.S.C. Sections 1330(a) and 1441(d); and

3.

The Court's Order dated April 9, 2015, requiring briefing on the issue
as to whether plaintiff is entitled to a jury trial is hereby vacated.

IT IS SO ORDERED.

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Dated: April 23, 2015

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Troy L. Nunley
United States District Judge

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-3STIPULATION TO TRIAL OF ALL ISSUES BY COURT SITTING WITHOUT A JURY;
ORDER