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Lamex Foods, Inc v. Audeliz Lebron Corp

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Before Lynch, Chief Judge, Torruella and Lipez, Circuit Judges.

Defendant-appellant Audeliz Lebron Corp. (“ALC”) appeals from a judgment in favor of plaintiff-appellee Lamex Foods, Inc. (“Lamex”), which the district court entered after consolidating a preliminary injunction hearing with a bench trial on the merits under Federal Rule of Civil Procedure 65(a)(2). The appellant argues that the district court abrogated its right to a jury trial by failing to provide indisputably clear notice of its intent to consolidate. See U.S. Const. amend. VII; see also Fed. R. Civ. P. 65(a)(2) (permitting the consolidation of a preliminary injunction hearing with a trial on the merits, but noting that “the court must preserve any party’s right to a jury trial”).

Although we appreciate the district court’s efforts to resolve the parties’ dispute in an efficient and timely manner, we agree with ALC that the court’s inadequate notice of its intent to consolidate abrogated ALC’s right to a jury trial. Rejecting appellant’s other arguments, we vacate the judgment in part and remand for further proceedings.

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