Opinion
Kevin R. Sutherland, Kevin O. Moon, CLYDE & CO U.S. LLP, San Francisco, California, Attorneys for Defendant EMIRATES.
John D. Barr, Douglas Mudford, David Case, Estee Lewis, Cathleen T. Barr, BARR & MUDFORD, LLP, Redding, California, Attorneys for Plaintiff JUDY GARRETT.
STIPULATION TO TRIAL OF ALL ISSUES BY COURT SITTING WITHOUT A JURY; ORDER [Fed. R. Civ. Proc. 39]
TROY L. NUNLEY, District Judge.
Plaintiff Judy Garrett, by and through her counsel of record, Barr & Mudford, LLP, and defendant Emirates, by and through its counsel of record, Clyde & Co U.S. LLP, hereby stipulate as follows.
WHEREAS, on April 9, 2015, the Court issued a Pretrial Scheduling Order in this case;
WHEREAS, in connection with the Pretrial Scheduling Order, the Court has noted that, in the parties' Joint Status Report, plaintiff has demanded a jury trial but Emirates has contended that plaintiff is not entitled to a jury trial because Emirates is an agency or instrumentality of a foreign state;
WHEREAS, the Court issued an Order dated April 9, 2015, requesting briefing as to whether plaintiff is entitled to a jury trial; and
WHEREAS, the parties have met and conferred regarding the issue of whether plaintiff is entitled to a jury trial and have agreed as follows.
IT IS HEREBY STIPULATED by and between plaintiff and Emirates that:
1. Emirates is an agency or instrumentality of a foreign state pursuant to 28 U.S.C. Section 1603(a);
2. The trial of this case on all issues should be by the Court sitting without a jury pursuant to 28 U.S.C. Sections 1330(a) and 1441(d); and
3. Good cause exists for the Court to vacate its Order dated April 9, 2015, requiring briefing by the parties on the foregoing issues.
ORDER
The Court having reviewed the foregoing Stipulation, and good cause appearing therefore.
IT IS HEREBY ORDERED THAT:
1. Emirates is an agency or instrumentality of a foreign state pursuant to 28 U.S.C. Section 1603(a);
2. The trial of this case shall be by the Court sitting without a jury pursuant to 28 U.S.C. Sections 1330(a) and 1441(d); and
3. The Court's Order dated April 9, 2015, requiring briefing on the issue as to whether plaintiff is entitled to a jury trial is hereby vacated.
IT IS SO ORDERED.