Opinion
3:20CV220-M-RP
11-23-2021
VIVIAN WARREN PLAINTIFF PLAINTIFF v. DANIEL B. FORE, A/K/A DANIEL B. FORE, MD DEFENDANT
ORDER
MICHAEL P. MILLS UNITED STATES DISTRICT JUDGE
This cause comes before the Court on Defendant's Motion For a Twelve Person Jury. [113] The Court shares concerns with Defendant regarding COVID-19, however, the Court does not believe a twelve-person jury would alleviate the potential issue of jurors being dismissed during the trial. A twelve-person jury would crowd the jury box, thus placing the jurors in very close proximity to one another, which would, in the Court's belief, increase the possibility of a juror or jurors being dismissed due to COVID-19. A slightly smaller jury would increase the ability to socially-distance the jurors from each other, thus decreasing the risk of COVID-19 being an issue during the trial. The Court will seat eight jurors.
ACCORDINGLY, it is therefore ordered that Defendant's Motion For a Twelve Person Jury [113] is DENIED.
SO ORDERED, this 23rd day of November, 2021.