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- cod;;1:17-cv-00346_de93 RegisterActionDate "2020-09-24" @default.
- cod;;1:17-cv-00346_de93 RegisterActionDescriptionText "MINUTE ORDER by Chief Judge Philip A. Brimmer on 9/24/2020. Both sides in this case sought declaratory judgments and appeared to assume that such claims would be tried to the jury. See Docket No. 1 at 1 (stating that plaintiff brings its claims "pursuant to the Declaratory Judgment Act"); Docket No. 12 at 26 ("The Insureds bring this action for declaratory relief due to Owners' misinterpretation of the mandatory Appraisal condition of the insurance policy, and breaches of contract due to Owners' failure to pay insurance benefits for damages to property covered."). However, claims for declaratory judgment do not necessarily go to the jury. See Fischer Imaging Corp. v. Gen. Elec. Co., 187 F.3d 1165 (10th Cir. 1999); Monroe Prop., LLC v. Bachelor Gulch Resort, LLC, 374 F. Supp. 2d 914 (D. Colo. 2005). Additionally, at least one of defendants' declaratory judgment claims, for mandatory appraisal, was dismissed by Judge Matsch. See Docket No. 20. Defendants do not identify any claims for declaratory relief in the Final Pretrial Order. See Docket No. 72. On or before October 22, 2020, each side shall file a pleading explaining why, for each declaratory judgment claim that still remains, the filing party does or does not have a right to a jury trial and whether the filing party wants the jury to resolve that issue or the Court to resolve it. Text Only Entry (pabsec2, ) (Entered: 09/24/2020)" @default.
- cod;;1:17-cv-00346_de93 AdministrativeID "94" @default.
- cod;;1:17-cv-00346_de93 OntologyLabel order @default.