Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BILTMORE ASSOCIATES, L.L.C., as Trustee for the Visitalk Creditors' Trust,

) ) ) ) Plaintiff, ) ) vs. ) ) PETER THIMMESCH, et al., ) ) Defendants. ) ___________________________________)

No. 2:02-cv-2405-HRH

O R D E R Case Status / Jury Trial In two recent orders,1 entered May 15 and June 14, 2007, respectively, the court scheduled this case for trial and in doing so suggested that trial would be by jury. Apparently upon receipt

of the June 14 order, counsel for defendant Snell & Wilmer inquired of court staff why the case was being set down for a jury trial. That inquiry has caused the court to investigate the matter. The court has searched both the court docket and its paper file on this case and has not located a demand for jury trial by any party. The court has in particular focused upon filings

made by the original plaintiff, the present plaintiff, defendant

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Docket No. 349 & No. 367. - 1 -

Case 2:02-cv-02405-HRH

Document 369

Filed 06/21/2007

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Peter Thimmesch, and defendant Snell & Wilmer.

The court has

located no request for a jury trial by any of these parties. The court's reference to a jury trial in the two trial scheduling orders flows from an entry made on or before October 31, 2005, in the court docket where the first page of the docket sheet reads, "Jury Demand: Plaintiff". However, this entry contains no

reference to a filing that would have prompted it. Absent objection by a party, on or before July 3, 2007, it is the court's intention to enter a revised trial setting order and a revised order for final pretrial proceedings that will make provision for a bench trial rather than a jury trial. Any such

objection shall contain a statement of reasons and good cause showing why this case should not be scheduled for a bench trial. Any party receiving such an objection may respond thereto on or before July 12, 2007. DATED at Anchorage, Alaska, this 20th day of June, 2007.

/s/ H. Russel Holland United States District Judge

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Case 2:02-cv-02405-HRH

Document 369

Filed 06/21/2007

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