Wednesday, April 19, 2017 10:08:51 AM
Plaintiff’s motion for relief from its waiver of a jury
trial should be denied because of the complex financial issues
involved in the determination of claims brought by an insolvent
company seeking multi-million dollars for lost business
opportunities and other speculative claims. Denial is also
required because of Plaintiff’s unexplained failure to timely
file a jury demand in an action commenced in November 2015,
Plaintiff’s conclusory, unsworn assertion of “inadvertence,” as
well as the unilateral filing of an untimely jury demand instead
of moving for relief as the Federal Rules require. Finally,
Plaintiff’s delay in ultimately making the within motion and the
resulting prejudice to Defendants also compels the denial of its
motion. For the foregoing reasons, it is respectfully submitted
that Plaintiff’s motion should be denied, and the Court should
award Defendants such other and further relief as it deems just
and proper."
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