Kavcic

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALEKSANDAR KAVCIC, Case No. 20-cv-01246-JD

8 Plaintiff,

ORDER RE TRIAL

v. 9

10 BROADCOM INC., et al., Defendants. 11

12 13 In the order denying summary judgment, the Court directed the parties to file a joint 14 statement with respect to whether the trial should be by jury or the Court. Dkt. No. 146 at 3. In 15 the joint statement, plaintiff Kavcic proposed a bench trial primarily on the grounds that he never 16 requested a jury, and that defendant Broadcom filed its counterclaims for breach of contract in 17 June 2020 without a jury trial demand and subsequently embraced a bench trial in all pertinent 18 filings up to the summary judgment order. Dkt. No. 149 at 2. Broadcom forthrightly 19 acknowledged these circumstances, and stated that it had not made a timely jury trial demand 20 under Federal Rule of Civil Procedure 38. Id. at 3. Even so, Broadcom invited the Court to order 21 a jury trial pursuant to Rule 39(b). Id. 22 As much as the Court would like to grant Broadcom’s request, Rule…