Li

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 NINA XIAOYAN LI, Case No. 23-cv-03347-JSW

Plaintiff,

ORDER GRANTING MOTION FOR

v. RELIEF FROM UNTIMELY JURY

DEMAND

MERCK & CO., INC., et al., Re: Dkt. No. 11 Defendants.

14 Now before the Court is Plaintiff Nina (Xiaoyan) Li’s motion for relief from her untimely jury demand pursuant to Federal Rules of Civil Procedure 39(b) and 6(b). Plaintiff’s counsel seeks the Court’s discretionary determination whether to grant relief to allow her untimely jury demand. Plaintiff’s counsel were inaccessible during the window of time for filing of a jury demand after Defendant removed this case to federal court. The case was removed, thereby setting a deadline of July 19, 2023, to file a demand for a jury trial, within 14 days of removal to federal court. At that time, Plaintiff’s counsel were out of the country and inaccessible. The Ninth Circuit has held that the discretion given to a judge under Rule 39(b) is “‘narrow’ and ‘does…