Untalan

MEMORANDUM *

Shirley Pico Untalan appeals the district court’s 1 denial of her request for a jury trial, and its grant of summary judgment in favor of her former employer, Kapiolani Medical Center (“Kapiolani”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Because the facts are known to the parties, we do not recite them here. The district court properly denied Untalan’s untimely demand for a jury trial. 2 Untalan waived her right to a jury trial when she failed to make her demand within “10 days after the service of the last pleading directed to such issues.” 3 Thereafter, it is within the district court’s discretion to grant Untalan a jury trial. 4 However, where, as here, the district court correctly concluded that it was “mere inadvertence” that explained why Untalan had not made an earlier request, the district court lacked discretion to grant a jury trial. 5 Indeed, Untalan’s counsel attempted to excuse the delay by saying he had been busy with *783 settlement negotiations and discovery and that he had been out of town for two weeks. His excuses do not justify the delay. Accordingly, we hold that the district court properly denied Untalan’s untimely…