Opinion
2:20-cv-01584-GMN-NJK
12-08-2022
Jeffrey P. Bennett, an individual, Plaintiff, v. United States of America; Does I through X, inclusive; and Roe Corporations I-X, inclusive, Defendants.
JENNINGS & FULTON, LTD. JASON M. FRIERSON United States Attorney LOGAN G. WILLSON, ESQ. Attorney for Plaintiff SKYLER H. PEARSON Assistant United States Attorney Attorneys for the United States
JENNINGS & FULTON, LTD.
JASON M. FRIERSON United States Attorney
LOGAN G. WILLSON, ESQ. Attorney for Plaintiff
SKYLER H. PEARSON Assistant United States Attorney
Attorneys for the United States
STIPULATION AND ORDER TO STRIKE PLAINTIFF'S JURY DEMAND
GLORIA M. NAVARRO, DISTRICT JUDGE UNITED STATES DISTRICT COURT
IT IS HEREBY STIPULATED by and between Plaintiff, Jeffrey P. Bennett, by and through his attorney of record, Adam R. Fulton, Esq., Logan G. Willson, Esq. of the law firm of Jennings & Fulton, Ltd., and Defendant, United States of America, by and through Assistant United States Attorney Skyler H. Pearson, that Plaintiff's jury trial demand (ECF No. 9) be stricken and that this case proceed as a bench trial.
Plaintiff filed this action arising under the Federal Tort Claims Act, (“FTCA”) 28 U.S.C. §§ 1346(b), 2671-80 (ECF No. 1 at ¶ 2). Thereafter, Plaintiff filed a demand for a jury trial (ECF No. 9). However, Congress has stripped plaintiffs, like Mr. Bennett, of the right to a jury trial by statute. See 28 U.S.C. § 2402; see also Nurse v. United States, 226 F.3d 996, 1004 (9th Cir. 2000) (“The district court correctly concluded that plaintiff has no right to a jury trial on her claims against the United States.”) (citations omitted).
Accordingly, the parties stipulate and agree that this case should proceed as a bench trial to commence on Monday May 8, 2023 at 8:30 A.M.
IT IS SO ORDERED.