Free Notice of Appeal - District Court of Arizona - Arizona

_,___ V { A ` FILED ______LODGED
___ RECEIVED __COPY
WYVONNAMBARNETT ’ ,
506 EAST MCKAMEY "
PAYSON ARIZONA 85541 8 0
was -414-$609 OR 1 928 972 3202. °L%T§Tg,2$§;T§;g£fHI4 -
BY DEPUTY
REPRESENTING SELF
UNITED STATED DISTRICT COURT
DISTRICT OF ARIZONA
WYVONNAMBARNETT CASE NO. 03 -2566 PHX ROS
PLAINTIFF
VS NOTICE OF APPEAL
BASHAS INC AND ET ALL
MESA GENERAL HOSPITAL
DEFENDANTS WITH SEPARATE CASES SAME CASE NUMBER
BE ADVISED
TIHS CONSTITUTES PLAINTIFFS NOTICE TO THE COURT AND
TO OTHER PARTIES TO THE SUIT THAT PLAINTIFF INTENDS
TO EXERCISE HER RIGHT TO AN APPEAL
PROVIDING THE FOLLOWING MOTIONS ARE DENIED BY THE
COURT .
NOTES THE EXISTANCE OF ANOTHER ADQUATE REMEDY
DOES NOT PRECLUDE A JUDGEMENT FOR DECLARATORY
RELIEF IN CASES WHERE IT IS APPROIATE.
SEE ATTACHED
(A)MOTION TO STAY EXCUTION OF JUDGEMENT `
( B ) DEMAND FOR TRIAL BY JURY / DEPOSITION FOR
TRIAL BY IURY
(C )_ PENDING MOTION FOR DECLARATION JUDGEMENT
Case 2:03—cv—02566—FIOS D0c@ent 120 Filed 05/30/2006 Page 1 of 4 _

AS OF MAY Gm 2006 H.AIN"I'IFF FILED WITH THZECOURT A MOTION TO STAY
EXCUTION OF
ACCORDING TO SRULE 59 OF RULE OF CIVIL PROCEDURE
THE COURT MAY STAY EXCUTION OF PENDING THE DEPOSITION DFA
MOTION FOR ANEW TRIAL.
REGARDING NEW TRIAL
ACCORDING TO RULE 59 OF FRCP VII JUDGEMBNT WHICH STATES :
(A)ANEW‘I`RIALMAYBE TOALLORANYOF1TiEPARTIES (DIN
ANACTION TR1ED(WI'I1-IOUTAJIJIQY)
ASOFMAY 16,2006 FII..BD"I'I*IE DEMANDFORNEWTRIALBYJIJRYI
DEPOSITION FOR NEW TRIAL .
FUTHER : FORTHCOMMING
DECLARATORY JUDGEMENT
THE COURT MAY ORDER A SPEEDY HEARING OF ACTION FOR A DECLARATORY
AND MAY ADVANCE IT ON 'I'I·I,E CALENDEB.
FORTHCOMMBQG PIAINTIFF WILL FILE A MOTION FOR DECLARATORY
IUDGEMENT NADDHIONTOHIEMUHONMREADYFKEDFORNEWTMAL BY
JURY IN ACCORDANCE TO RULE 57 OF FEDERAL RULES OF CIVIL PROCEDURE ,
THERIGHTTOATRIALBYIURYMAYBEDEMANDEDUNDERTIIECIRCIJIMESTANCES
AND IN A MANNER PROVIDED IN RULES SSAND 39 OF FRCP RULES?
DECLARATORY JUDGEMENT sec; I q,;·$»&y{y/, _
5., 67 E I ` 4* -.4 'A‘:.(4•··;.. {
? ‘-fl
COPYS SENT THIS DATE TO
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
SUITE H0 401 W.WASH. PHOENDI AZ. 85003
ALSO HONORABLE ROSLYNOSILVERS SAME. ADDRESS
SI-IERMANI HOWARD
SUITE 500 I850 N. CENTRALAVE. PHOENIXAZ. 85004
KEND I COLBURN
394 NTHIRD AVE. PHOENIX AZ. 85003
Case 2:03—cv—02566—ROS D0@ent 120 Filed 05/30/2006 Page 2 of 4

FRCP — Rule 38 (LII 2004 ed.) Page 1 of l
I i”.ae~· Ee-it;r;»i·;;·ii
LII / Legal Information Institute
Federal Rules of Civil Procedure l
Â¥L.T.mai.s.> num as. Prey I mat
Heres
Rule 38. Jury Trial of Right
Lameboetau
(a) Right Preserved. Bmggfmm
The right er trial by jury as the C¤¤stituti¤r¤ cr as
given by a statute of the United States shall be preserved to the parties inviolate.
(b) Demand.
Any pag may demand a trial by jury of any issue trlable of right by a jgry by (1) sewing
upo e other parties a amend therefor in writing at any time after the commencement of
the action and not later than 10 days after the service of the last pleading directed to the
issue, and (2) tiling the demand as required by Rulg_5(_d). Such demand may be lndorsed
upon a pleading of the party.
i (c) Same: Specification of Issues.
In the demand a party may specify the issues which the party wishes so tried; otherwise the
party shall be deemed to have demanded trial by jury for all the issues so triable. If the
party has eman e trial by jury for only some o t e ssues, any other party within 10 days
after service of the demand or such lesser time as the court may order, may serve a
demand for trial by jury of any other or all of the issues of fact in the action.
ld) Waiver.
The failure of a party to serve and file a demand as required by this rule constitutes a
waiver by the party of trial by jury, A demand for trial by jury made as herein provided may
not be withdrawn without the oonsent of the parties.
(e) Admiralty and Maritime Claims.
These rules shall not be construed bo create a right to trial by jury of the issues in an
admiralty or maritime claim within the meaning of &ul£,9.(.l11.
Prey l
http:}/www.law.co9i@H?e3u9l:lEll€¥fl‘rgr§§§1lE?‘!rg§litm ¤¤<>¤me¤i *20 Filed 05/30/2006 Page 3 Ol 4 srimooa

FRCP - Rule 39 (LII 2004 ed.) Page I of l
LII / Legal Information Institute
Federal Rules of Civil Procedure y
!L.‘l'.81ALS_> Rule 39- Ellieir l blu;
I Notes
Rule 39. Trial by Jury or by the Court 3 I
’ Lawaabstutca.
Cum
(B) BY Jun/‘ iirecedute
in autres.
The trial of all issues so demanded shall be by
jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the
court or by an oral stipulation made In open court and entered in the record, consent to trial
by the court sitting without a jury or (2) the court upon motion or of its own initiative finds
that a right of trial by jury of some or all of those issues does not exist under the
Constitution or statutes of the United States.
(b) By the Court.
Q Issues not demanded for trial by jury as provided in gule _y__ ;l§ shall be tried by the court; but,
notwithstanding the failure of a party to demand a juiy in an action ln which such a demand
might have been made of right, the court in Its discretion upon motion may order a trial by
a jury of any or all issues.
(c) Advisory Jury and Trial by Consent.
In all actions not triable of right by a jury the court upon motion or of its own initiative may
try any issue wlth an advisory jury or, except in actions against the United States when a
statute of the United States pnovides for trial without a jury, the court, with the consent of
l both parties, may order a trial with a jury whose verdict has the same effect as lf trial by
. jury had been a matter of right.
Prev l lllext
Case 2:03—cv—02566—FiOS Document 120 Filed 05/30/2006 Page 4 of 4
http://www.law.come]l.edu/mles/fron/Ru1e39.htm _ ‘*»'l'»‘l°l'lll6

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