Hall v. Wyndham Vacation Ownership, Inc.

Filing 22

ORDER Granting 10 Defendant's Motion to Strike Jury Demand. Signed by Judge Philip M. Pro on 12/7/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RONALD HALL,
Plaintiff,

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v.
WYNDHAM VACATION
OWNERSHIP, INC., et al.,

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Defendant.
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2:11-CV-01515-PMP-VCF

ORDER

Having considered the arguments presented by counsel at the hearing on

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Defendant’s fully briefed Motion to Strike Plaintiff’s Jury Demand (Doc. #10) conducted

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December 6, 2011, the Court finds Defendant’s Motion must be granted.

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Under Nevada law, contractual jury trial waivers are valid and enforceable

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provided the waiver is knowing and voluntarily made. Lowe Enterprises Residential

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Partners, L.P. v. The Eighth Judicial District Court of the State of Nevada, 118 Nev. 92,

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98-100 (2002). Here, the Employment Application signed by Plaintiff on January 2, 2008

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contained the following plain language in bold just above the signature line:
“Should I become employed, as a condition of my employment, I agree
to waive my right to a trial by jury in any action or proceeding
involving any claim, whether statutory or at a common law related to
or arising out of my employment or the termination of employment,
including claims of discrimination. I understand that I am waiving my
right to a jury trial voluntarily and knowingly and free from duress or
coercion. I understand that I have the right to consult with a person
of my choosing, including an attorney, before signing this document.”

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The Court finds that when Defendant employed Plaintiff, it accepted Plaintiff’s

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offer to waive his right to a jury trial thereby creating a binding and enforceable unilateral

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contract with regard to the jury trial waiver. Under the circumstances presented, the Court

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finds no basis to conclude Plaintiff’s agreement to waive a jury trial was either unknowing

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or involuntary. Phoenix Leasing, Inc. v. Sure Broad Inc., 843 F. Supp. 1379 (D. Nev.

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1994).

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IT IS THEREFORE ORDERED that Defendant’s Motion to Strike Jury
Demand (Doc. #10) is GRANTED.

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DATED: December 7, 2011.

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PHILIP M. PRO
United States District Judge

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