Seror

Seror v. Robert B. Daley, Cpa Inc. (In re Daley)

Good Law
584 B.R. 911
United States Bankruptcy Court, Central District of CaliforniaMay 7, 2018Case No.: 1:13–bk–12342–MB; Adv. No: 1:15–ap–01037–MBCalifornia2,082 words

Opinion

Lead Opinion

Barash, J.

Plaintiff David Seror (the "Trustee"), trustee in the joint chapter 7 cases of *913 Robert B. Daley and Lynne T. Daley (the "Debtors"), moves to strike the jury demand ("Jury Demand") of Defendant Robert B. Daley, CPA Inc. ("CPA Inc.") in the above-captioned adversary proceeding (the "Motion"). CPA Inc. opposes the motion. 1 The Court heard argument on the Motion on April 4, 2018. The Court has considered the pleadings filed in support of and in opposition to the Motion, and the arguments of counsel.

Based thereon, and for the reasons set forth below, the Court denies the Trustee's request to strike the Jury Demand of CPA Inc., acknowledges that CPA Inc. has consented to a jury trial and entry of final judgment on the claims against it in this Court, and fixes May 21, 2018 as the deadline for the Trustee to file and serve a written statement indicating whether the Trustee consents to a jury trial on those claims.

The issue presented by the Motion is whether a timely jury trial demand should be enforced when it complies with the requirements of Federal Rule of Civil Procedure ("FRCP") 38(b), made applicable to this proceeding pursuant to Federal Rule of Bankruptcy Procedure…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.