Batte v. Southwest Airlines
ORDER by Judge Breyer granting 11 motion to strike jury demand; denying 13 motion for jury trial. (crblc2S, COURT STAFF) (Filed on 2/9/2018)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
Case No. 17-cv-06410-CRB
ORDER GRANTING MOTION TO
STRIKE REQUEST FOR JURY
TRIAL [DKT. 11] AND DENYING
MOTION FOR JURY TRIAL [DKT.
The parties have filed two motions regarding a late-filed jury demand by Plaintiff
Aundrea Batte (“Batte”). Defendant Southwest Airlines (“Southwest”) moves to strike the
demand, while Batte moves the Court to, in its discretion, order a jury trial despite the late-
filed demand. Because Batte’s failure to make a timely demand was based on a good-faith
mistake of law, the Court lacks discretion to order a jury trial. Accordingly, it DENIES
Batte’s motion and GRANTS Southwest’s.
In cases that have been removed from state court, a party demanding a jury trial
must serve and file the demand within 14 days of serving or being served with the notice
of removal. See Fed. R. Civ. P. 38(b) & 81(C)(3)(b). The district court has some
discretion to order a jury trial even in the absence of a proper demand, Fed. R. Civ. P.
39(b), but this discretion is narrow, Pac. Fisheries Corp. v. HIH Cas. & Gen. Ins., Ltd., 239
F.3d 1000, 1002 (9th Cir. 2001). Where a party has failed to make a timely demand, the
court may only order a jury trial if that failure was based on “some cause beyond mere
inadvertence.” Id. The court has no discretion to do so where the failure was due to a
party’s inadvertence, oversight, or good-faith mistake of law. Id. at 1002–03.
Batte concedes that she did not serve and file her demand within 14 days of being
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?