Opinion
6:23-cv-797-CEM-EJK
07-16-2024
ANGELA BAILEY, Plaintiff, v. AMTRUST NORTH AMERICA, INC., Defendant.
ORDER
CARLOS E. MENDOZA, UNITED STATES DISTRICT JUDIE
THIS CAUSE is before the Court on Defendant's Amended Motion to Strike Plaintiff's Demand for Jury Trial (“Motion,” Doc. 38). The United States Magistrate Judge issued a Report and Recommendation (Doc. 51), recommending that the Motion be granted and that the Court strike Plaintiff's demand for a jury trial in her Third Amended Complaint (Doc. 33), (Doc. 51 at 8). Specifically, the Magistrate Judge found that Plaintiff waived her right to a jury trial when she executed a valid and enforceable waiver and that “Plaintiff is unable to point to any evidence that the parties intended to cancel the [waiver].” (Id. at 7).
After review in accordance with 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72, and noting that no objections were timely filed, the Magistrate Judge's recommended disposition is accepted. Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 51) is ADOPTED and made a part of this Order.
2. Defendant's Amended Motion to Strike Plaintiff's Demand for Jury Trial (Doc. 38) is GRANTED.
3. Plaintiff's demand for a jury trial is STRICKEN from her Third Amended Complaint (Doc. 33).
DONE AND ORDERED