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loanranger

11/28/16 11:49 AM

#34827 RE: ricanich #34824

"This was discussed months back."
Of course it was, but you can't show me anything that establishes that a jury demand was made.

In February we were told that "Should we not be offered a proper settlement, we are prepared to go to trial and put our case's outcome in the hands of a Jury (Southern District Federal Court FLORIDA)."
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=120260659&txt2find=jury

I'm led to believe that those are the words of the CEO. If so, he and his attorney have had 10 months to demand a jury trial and that CLEARLY has not been done.
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Rule 38. Right to a Jury Trial; Demand

(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate.

(b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:

(1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and

(2) filing the demand in accordance with Rule 5(d).
https://www.law.cornell.edu/rules/frcp/rule_38
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The docket isn't wrong.
And it says....
Jury Demand: None

If the docket WAS wrong it would take 30 seconds, not 10 months, to ask the Court Clerk to fix it. It's you that's wrong, not the docket.