Misa v. Pape Group, Inc. et al

Filing 25

ORDER by Judge Charles R. Breyer granting 12 Motion to Strike. (crblc2, COURT STAFF) (Filed on 1/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER GRANTING MOTION TO
STRIKE REQUEST FOR JURY
TRIAL

Plaintiff,

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No. C 12-04934 CRB

CARLITO MISA,

v.
THE PAPE GROUP, INC. ET AL.

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Defendants.

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Defendants have moved to strike Plaintiff’s Demand for Trial by Jury (dkt. 10) as

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untimely. See Fed. R. Civ. P. 81(c). Plaintiff has not filed an opposition, and Defendants

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represent to the Court that counsel for Plaintiff verbally informed Defendants that Plaintiff

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did not intend to oppose it. The Court finds this matter suitable for disposition without oral

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argument. See N.D. Cal. Local R. 7-1(b).
Plaintiff’s jury demand came well after the fourteen-day deadline prescribed in Rule

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81(c), and Plaintiff has offered no explanation for the delay. Untimely requests “must be

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denied unless some cause beyond mere inadvertence is shown.” Pac. Fisheries Corp. v. HIH

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Cas. & Gen. Ins., Ltd., 239 F.3d 1000, 1002 (9th Cir. 2001).

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Accordingly, the Court GRANTS Defendants’ Motion to Strike Request for Jury Trial
(dkt. 12).
IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: January 14, 2013

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United States District Court
For the Northern District of California

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G:\CRBALL\2012\4934\order granting motion to strike.wpd

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