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Re: TONYM post# 91884

Monday, 11/10/2014 12:14:51 PM

Monday, November 10, 2014 12:14:51 PM

Post# of 105534
Looks like they get a bench trial and a jury trial...
"Here, the Court agrees with the parties that the jury waivers contained in the Tonaquint Note are valid and enforceable. Thus, issues relating to this note are to be set as a bench trial. Both parties also acknowledge that there are no jury waiver provisions in the SGI Note and Warrant. Thus, given the clear reasonable presumption against a jury waiver as articulated by the Tenth Circuit in Christenson v. Diversified Builders Inc., the Court finds that it is proper to narrowly construe the jury
waivers in this case. Therefore, issues relating to the SGI Note and Warrant are properly triable to a jury."

Its going to be a long haul...

"a scheduling conference will be held for purposes of setting a trial date. Scheduling Conference set for 11/28/2014 02:00 PM in Rm 7.300 before Judge Robert J. Shelby. Signed by Magistrate Judge Brooke C. Wells on 06/09/2014"

this will drag out well into 2015...

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