XL Specialty Insurance Company et al v. Michael W. Perry
Filing
271
(IN CHAMBERS) ORDER TO SHOW CAUSE AS TO WHETHER THIS CASE SHOULD BE SET FOR COURT TRIAL by Judge R. Gary Klausner. Response to Order to Show Cause due by noon on 5/31/2012. (vdr)
<![CDATA[
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 11-02078-RGK (JCGx)
Title
XL SPECIALTY et al. v. MICHAEL W. PERRY et al.
Present: The
Honorable
Date
May 18, 2012
R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE
Sharon L. Williams
Not Reported
N/A
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) Order to Show Cause as to Whether This Case
Should be Set for Court Trial
The right to trial by jury in an action for declaratory relief depends on the nature of the
underlying relief sought. Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 504 (1959). It
appears to the Court as if the claims and counterclaims in this case ask for a remedy akin to
specific performance. It does not appear to the Court that any of the parties on any of the
claims or counterclaims seek monetary damages. Therefore, this suit appears equitable in
nature and thus the Seventh Amendment’s right to a jury trial may not be applicable. See Tull
v. United States, 481 U.S. 412, 417 (1987).
The parties are therefore ordered to show cause in writing of no more than ten
pages by noon on Thursday, May 31, 2012 as to why this case should not be set for a court
trial.
IT IS SO ORDERED.
:
Initials of
Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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