Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: ORDER BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Defendant Bank of America, N.A.'s Motion to Strike Jury-Trial Demand, ECF No. [8] ("Motion"). Defendant filed its Motion on May 2, 2019, providing Plaintiff until May 16, 2019 — at the very latest — to file a response. On May 17, 2019, with no response having been filed, this Court Ordered that "Plaintiff must file her response to the Motion, if any, no later than May 24, 2019. " ECF No. [15] (emphasis in original).
Summary: ORDER BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Defendant Bank of America, N.A.'s Motion to Strike Jury-Trial Demand, ECF No. [8] ("Motion"). Defendant filed its Motion on May 2, 2019, providing Plaintiff until May 16, 2019 — at the very latest — to file a response. On May 17, 2019, with no response having been filed, this Court Ordered that "Plaintiff must file her response to the Motion, if any, no later than May 24, 2019. " ECF No. [15] (emphasis in original). T..
More
ORDER
BETH BLOOM, District Judge.
THIS CAUSE is before the Court upon Defendant Bank of America, N.A.'s Motion to Strike Jury-Trial Demand, ECF No. [8] ("Motion"). Defendant filed its Motion on May 2, 2019, providing Plaintiff until May 16, 2019 — at the very latest — to file a response. On May 17, 2019, with no response having been filed, this Court Ordered that "Plaintiff must file her response to the Motion, if any, no later than May 24, 2019." ECF No. [15] (emphasis in original). The Court cautioned that "[i]f Plaintiff fails to file any response, the Court shall consider the merits of the Motion without the benefit of a response or responses, and such failure may be deemed sufficient cause to grant the motion by default." Id. (citing S.D. Fla. L. R. 7.1(c)).
As of the date of this Order, Plaintiff has not filed a response, nor requested an extension of time to do so. Nevertheless, the Court has considered Defendant's arguments and finds that striking Plaintiff's request for a jury trial is warranted.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Motion, ECF No. [8], is GRANTED;
2. This case will proceed to trial on the date previously scheduled, as a bench trial.
DONE AND ORDERED.
