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Belinda K. and J.H., Her Minor Son v. Yolanda Baldovinos

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 28, 2011

BELINDA K. AND J.H., HER MINOR SON,
PETITIONERS,
v.
YOLANDA BALDOVINOS, ET AL.,
RESPONDENTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER STRIKING DEMAND FOR JURY TRIAL

On December 15, 2010, Respondent filed a Motion to Strike Petitioner's demand for a jury trial, on the basis that the Indian Child Welfare Act does not provide a jury trial right. By 19 stipulation, the hearing date for this Motion was previously set for March 3, 2011. On February 10, 2011, Petitioner filed a timely Statement of Nonopposition to the Motion to Strike.

Accordingly, the Court hereby GRANTS the Motion to Strike the jury demand. If this case 22 proceeds to a trial, it will be tried by the Court.

The motion hearing set for March 31, 2011 is vacated. However, the Court will hold a Case Management Conference on March 31, 2011 at 1:30 p.m., as scheduled. 25

IT IS SO ORDERED.

20110328

© 1992-2011 VersusLaw Inc.



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