U.S. v. Robinson, 1:18-cv-0015-HRH. (2019)
Court: District Court, D. Alaska
Number: infdco20190514724
Visitors: 8
Filed: May 13, 2019
Latest Update: May 13, 2019
Summary: ORDER H. RUSSEL HOLLAND , District Judge . Case Status In the course of scheduling for this case, a question arose concerning whether or not defendant was entitled to a jury trial. The parties have been unable to come to an agreement on the foregoing issue, and the court has received plaintiff's memorandum arguing that there is no right to a jury trial in this case. 1 Defendant's response to the foregoing was due on or May 8, 2019. 2 No response has been filed. The court concludes tha
Summary: ORDER H. RUSSEL HOLLAND , District Judge . Case Status In the course of scheduling for this case, a question arose concerning whether or not defendant was entitled to a jury trial. The parties have been unable to come to an agreement on the foregoing issue, and the court has received plaintiff's memorandum arguing that there is no right to a jury trial in this case. 1 Defendant's response to the foregoing was due on or May 8, 2019. 2 No response has been filed. The court concludes that..
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ORDER
H. RUSSEL HOLLAND, District Judge.
Case Status
In the course of scheduling for this case, a question arose concerning whether or not defendant was entitled to a jury trial. The parties have been unable to come to an agreement on the foregoing issue, and the court has received plaintiff's memorandum arguing that there is no right to a jury trial in this case.1 Defendant's response to the foregoing was due on or May 8, 2019.2 No response has been filed.
The court concludes that defendant is not entitled to a jury trial for the reason that the Seventh Amendment3 preservation of a party's right to a jury trial does not apply to suits such as this that invoke the court's admiralty jurisdiction. Craig v. Atlantic Richfield Co., 19 F.3d 472, 475 (9th Cir. 1994).
FootNotes
1. Docket No. 16.
2. Docket No. 17.
3. U.S. Const. amend. VII.
Source: Leagle
