Savannah v. Collins et al
MINUTE ORDER. It is hereby ORDERED that plaintiff's Motion Requesting Bench Trial by the Record (Docket No. 28 ) is DENIED. By Magistrate Judge Michael J. Watanabe on 01/30/13. (alvsl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02403-RBJ-MJW
ERNIE J. SAVANNAH,
BILL COLLINS and
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that plaintiff’s Motion Requesting Bench Trial by the
Record (Docket No. 28) is DENIED. Plaintiff’s Complaint (Docket No. 1) included a jury
trial demand. Docket No. 28, at 8. Further, Defendant Knab’s Answer (Docket No. 23)
included a jury trial demand. Docket No. 23, at 8. Plaintiff has “no right to withdraw the
jury demand unilaterally.” Trujillo v. Bd. of Educ. of Albuquerque Public Schools, 295
Fed. Appx. 885, 891 (10th Cir. 2008); Fed. R. Civ. P. 38(d) (“A demand for a trial by jury
made as herein provided may not be withdrawn without the consent of the parties.”);
Fed. R. Civ. P. 39(a)(1) (providing that, once a jury trial has been demanded, trial must
be by jury on all jury-triable issues unless all parties stipulate to a nonjury trial).
Accordingly, because Defendant Knab has not stipulated to a nonjury trial, plaintiff’s
motion must be denied.
Date: January 30, 2013
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