Filed: Jan. 26, 2012
Latest Update: Jan. 26, 2012
Summary: Memorandum Order ARTHUR J. SCHWAB, District Judge. AND NOW, this 26 th day of January, 2012, after having considered Defendant's Motion to Strike the Jury Demand (doc. no. 93) and Plaintiff's Response Thereto (doc. no. 95), IT IS HEREBY ORDERED that Defendant's Motion to Strike the Jury Demand is GRANTED. It is well established that the Seventh Amendment right to trial by jury does not apply to actions against the United States. Lehman v. Nakshian, 453 U.S. 156 , 162 n. 9 (1981); Glidde
Summary: Memorandum Order ARTHUR J. SCHWAB, District Judge. AND NOW, this 26 th day of January, 2012, after having considered Defendant's Motion to Strike the Jury Demand (doc. no. 93) and Plaintiff's Response Thereto (doc. no. 95), IT IS HEREBY ORDERED that Defendant's Motion to Strike the Jury Demand is GRANTED. It is well established that the Seventh Amendment right to trial by jury does not apply to actions against the United States. Lehman v. Nakshian, 453 U.S. 156 , 162 n. 9 (1981); Glidden..
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Memorandum Order
ARTHUR J. SCHWAB, District Judge.
AND NOW, this 26th day of January, 2012, after having considered Defendant's Motion to Strike the Jury Demand (doc. no. 93) and Plaintiff's Response Thereto (doc. no. 95), IT IS HEREBY ORDERED that Defendant's Motion to Strike the Jury Demand is GRANTED.
It is well established that the Seventh Amendment right to trial by jury does not apply to actions against the United States. Lehman v. Nakshian, 453 U.S. 156, 162 n. 9 (1981); Glidden Co. v. Zdanok, 370 U.S. 530, 572 (1962); Galloway v. United States, 319 U.S. 372, 388-389 (1943). Young v. United States Postal Service, 869 F.2d 158, 159 (2d Cir. 1989). This is true even if the named defendant is an official acting for the government, as here. See, e.g., Leman, 435 U.S. at 170 (no right to jury found in suit against Secretary of the Navy).
Based upon the binding authority cited by Defendant in its Motion (as cited above), and Plaintiff's Response thereto (wherein she acknowledges the lack of binding authority to support her Demand for Jury Trial), Plaintiff does not have a right to trial by jury in the above-captioned case.
