Lobo Well Service v. Marion Energy

Filing 307

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS REQUEST FOR AN ADVISORY JURY. Signed by Judge Ted Stewart on 04/14/2011. (asp)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

LOBO WELL SERVICE, LLC, a Utah
Limited Liability Company,
Plaintiff,

MEMORANDUM DECISION AND
ORDER DENYING DEFENDANT’S
REQUEST FOR AN ADVISORY
JURY

vs.

MARION ENERGY, INC., a Texas
Corporation

Case No. 2:07-CV-273 TS

Defendant.

This matter is scheduled for trial beginning April 19, 2011. At the trial a jury will make
factual determinations, but subsequent to the trial the Court will make equitable determinations.
At the Final Pretrial Conference, held on April 8, 2011, Defendant requested that the jury be used
in advisory role as to the equitable determinations. The requested the parties simultaneously
brief the issue, and the briefs have been submitted.

1

It is clear from Fed.R.Civ.P. 39(c) that the Court has discretion in deciding whether to try
an issue with an advisory jury. Defendant does not dispute this in its brief.1 In exercising its
discretion, the Court will not have the jury act in an advisory role.
The Court is concerned that both the parties in this matter are unnecessarily complicating
and compounding the legal issues in this factually straightforward case. The Court is concerned
that thtey will overwhelm the jury. The Court will not ask the jury to make determinations
beyond those involving the claims, counterclaims, and affirmative defenses it must already
consider. It is therefore
ORDERED that Defendant’s request for an advisory jury is DENIED.
DATED April 14, 2011.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

1

Docket No. 290, at 6-8 (“Because Marion is seeking the assistance of the Court to
determine whether Marion has the right to rescind any contracts between Lobo and Marion, [t]he
Court must enter findings of fact and conclusions of law but may allow the jury to participate in
an advisory role.”).
2