UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
May 18, 2012
XL SPECIALTY ET AL.
MICHAEL W. PERRY ET AL.
The opinion of the court was delivered by: R. Gary Klausner, United States District Judge
CIVIL MINUTES - GENERAL
Present: The Honorable
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 by noon on Thursday, May 31, 2012 as to why this case should not be set for a court
IT IS SO ORDERED.
Initials of Preparer slw
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