Borum

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAMONT SHEPARD, Case No. 1:18-cv-00277-ADA-HBK 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTIONS

DEMANDING A BENCH TRIAL

13 v. (Doc. Nos. 113, 114) 14 M. BORUM and J. ACEBEDO, 15 Defendants. 16 17 Plaintiff filed two separate motions in which he states he waives his right to a jury trial 18 and demands a bench jury. (Doc. Nos. 113, 114). In his first motion, Plaintiff requests a bench 19 trial pursuant to Article VII of California’s constitution. (Doc. No. 113 at 1). In his second 20 motion, Plaintiff requests a bench trial pursuant to the United States Constitution. (Doc. No. 21 114).1 22 Under federal law, “[t]he right of trial by jury…is preserved to the parties inviolate.” Fed. 23 R. Civ. P. 38(a). “A party waives a jury trial unless its demand is properly served and filed. A 24 proper demand may be withdrawn only if the parties consent.” Rule 38(d). Unless all parties 25 consent, a jury trial demand cannot be withdrawn. United States SEC v. Jensen, 853…