Branch Banking & Trust Co. v. Smoke Ranch Development, LLC

ORDER

ANDREW P. GORDON, District Judge.

The parties dispute whether the defendants are entitled to a jury trial on the amount of the deficiency following a trustee’s sale of property that secured payment on a promissory note. Based on the Nevada statutory scheme and the Seventh Amendment, I conclude defendants are entitled to a jury trial on the amount of the debt owed and the price paid at the trustee’s sale, but defendants are not entitled to a jury trial on the fair market value of the property at the time of the trustee’s sale.

I. Background

The predecessor, to plaintiff Branch Banking and…