Garvey v. Kmart Corporation

Filing 148

ORDER RE JURY DEMAND. Signed by Judge Alsup on October 24, 2012. (whalc1, COURT STAFF) (Filed on 10/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LISA GARVEY, individually and on
behalf of others similarly situated,

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Plaintiff,

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No. C 11-02575 WHA

ORDER RE JURY DEMAND
v.
KMART CORPORATION,
Defendant.
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The parties shall submit a joint statement by NOON TOMORROW on whether either side

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demands a jury trial. Plaintiff earlier made an untimely demand for a jury trial (Dkt. No. 23).

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FRCP 38. If plaintiff still requests a jury trial, it should file a proper motion. See Pacific

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Fisheries Corp. v. HIH Cas. & General Ins., Ltd., 239 F.3d 1000, 1002–03 (9th Cir. 2001).

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IT IS SO ORDERED.

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Dated: October 24, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE