Liu v. Kell

Filing 16

MINUTE ORDER granting Defendant's #15 Motion for leave to file a late jury demand. Defendant shall file a jury demand within seven days of this order. Authorized by U.S. District Judge John C Coughenour. (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LI LIU,

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CASE NO. C17-640-JCC
Plaintiff,

MINUTE ORDER

v.
KEEGAN KELL,
Defendant.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:

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This matter comes before the Court on Defendant’s unopposed motion for leave to file a

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late jury demand (Dkt. No. 15). The Federal Rules of Civil Procedure require a party to demand

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a jury trial within fourteen days of the last pleading. Fed. R. Civ. P. 38(b)(1). Defendant’s motion

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comes 36 days after the last pleading. However, where good cause is shown and the party failed

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to act due to excusable neglect, the Court may extend the time period. Fed. R. Civ. P. 6(b)(1)(B).

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Neglect can include failure to act caused by inadvertence, mistake, or carelessness.

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Pioneer Investment Services Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 388 (1993).

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Whether an omission is excusable is an equitable determination based on the following factors:

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“(1) the danger of prejudice to the non-moving party, (2) the length of delay and its potential

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impact on judicial proceedings, (3) the reason for the delay, including whether it was within the

MINUTE ORDER C17-640-JCC
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reasonable control of the movant, and (4) whether the moving party’s conduct was in good

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faith.” Pincay v. Andrews, 389 F.3d 853, 855 (9th Cir. 2004).

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Here, the Court finds that because the Plaintiff did not oppose the motion and because

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trial is set for April 2018, the first two factors weigh in favor of granting leave. The length of

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delay was in control of the movant, which weighs in favor of denying leave. The moving party’s

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conduct was in good faith, and therefore the fourth factor weighs in favor of granting leaving. On

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balance, the Court finds that Defendant failed to act due to excusable neglect.

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Accordingly, Defendant’s motion for leave to file a late jury demand (Dkt. No. 15) is
GRANTED. Defendant shall file a jury demand within seven days of this order.

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DATED this 16th day of August 2017.

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William M. McCool
Clerk of Court

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/s/Paula McNabb
Deputy Clerk

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MINUTE ORDER C17-640-JCC
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