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Hummel v. Rushmore Loan Management LLC

United States District Court, D. Arizona

October 17, 2018

Bryan W. Hummel and Sandra M. Dahl Living Trust, Plaintiff,
v.
Rushmore Loan Management LLC, et al., Defendants.

          ORDER

          David G. Campbell Senior United States District Judge

         Plaintiff has filed a motion to vacate the Court's order setting a bench trial. Doc. 95. The motion is fully briefed (Docs. 95, 97, 99), and no party has requested oral argument. For the reasons that follow, the Court will deny the motion.

         I. Plaintiff Waived a Jury Trial.

         Plaintiff demanded a jury trial in its amended complaint (Doc. 27 at 9), but specifically agreed to try the case without a jury during a conference with the Court regarding the scheduling of trial. The conference was held on August 14, 2018, after the Court had ruled on the parties' motions for summary judgment. Doc. 88. The Court began the conference by noting that most of the remaining claims in the case were equitable claims, with the exception of Defendants' counterclaim for fraud, and asked “whether or not this will be a jury trial[.]” Doc. 98 at 3. The parties and the Court then engaged in this exchange:

MR. NEIL: Your Honor, Jamin Neil on behalf of Rushmore and U.S. Bank.
If the only claim that may require a jury trial is fraud, we're willing to dismiss that claim and proceed with a bench trial.
THE COURT: Mr. Dahl, do you have a fraud claim remaining?
MR. DAHL: We do not have a fraud claim remaining, Your Honor. It was dismissed.
THE COURT: All right. So if - well, I first ought to hear from Mr. Davis.
MR. DAVIS: Your Honor, this is Patrick Davis.
We agree with Mr. Neil's assessment. We would be willing to waive any jury trial we might have if Plaintiff agrees as well.
THE COURT: So, Mr. Dahl, if the Defendants are willing to drop the fraud claim so that this would be a bench trial, is that agreeable to you?
MR. DAHL: Yes, Your Honor, it ...

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