United States v. Tammy Blakey, et al.

Summary

The United States District Court for the Western District of Washington denies Tammy Blakey and Flying T Ranch, Inc.’s motion to amend their answers and affirmative defenses. The court finds undue delay and lack of diligence under Federal Rule of Civil Procedure 16(b), concludes that amendment would also be improper under Rule 15, and denies the defendants’ untimely jury trial demand.

Holdings

1. Defendants did not show good cause under Federal Rule of Civil Procedure 16(b)(4) because they were not diligent in seeking amendment well over a year after the deadline, and the motion to amend was denied. The motion also would be denied under Rule 15(a)(2) because of undue delay and clear prejudice to the Government.
2. Defendants waived their right to a jury trial because the demand was not served and filed within the time required by Federal Rule of Civil Procedure 38(b)(1) and (d). The court therefore denied the jury demand and retained the matter for a bench trial.

Questions Presented

1. Whether defendants demonstrated good cause and diligence sufficient to modify the scheduling order and obtain leave to amend their answers and affirmative defenses after the deadline.
2. Whether defendants could demand a jury trial after the deadline for serving a jury demand had expired.

Disposition

other