Tuy Xep v. De Hoop Corp.

Background

Francisco Tuy Xep sued De Hoop Corp., doing business as Kaia Wine Bar, and Suzaan Hauptfleisch on behalf of himself and others similarly situated. The parties filed a letter stating that they had met and agreed to withdraw the jury demand. The letter was filed and signed only by a defendant, not by the plaintiff’s counsel.

Jury-Demand Withdrawal

Federal Rule of Civil Procedure 38(d) provides that a proper jury demand may be withdrawn only with the parties’ consent. Rule 39(a) similarly provides that issues for which a jury trial was demanded must be tried to a jury unless the parties or their attorneys file a stipulation for a nonjury trial, stipulate on the record, or the court finds that no federal right to a jury trial exists for some or all of the issues.

The court found that the filed letter did not adequately show mutual consent because it was signed only by the defendant. If the parties consented to withdraw the jury demand, the court directed them to file either a joint letter or a stipulation indicating that mutual consent.

Next Steps and Disposition

The court also ordered a telephone status conference for July 11, 2024, at 3:00 p.m., to discuss the next steps in the case, and directed the parties to follow the court’s Individual Rules of Practice in Civil Cases. The order addressed the jury demand and case scheduling; it did not rule on the merits of the claims.