Opinion
CAUSE NO.: 2:16-CV-496-PRC
02-14-2018
JACQUELINE FERREE, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
OPINION AND ORDER
This matter is before the Court on a Motion to Strike Jury Demand [DE 31], filed by the United States of America on January 30, 2018. Plaintiff Jacqueline Ferree did not file a response, and her deadline by which to do so has passed.
The United States of America asks the Court to strike Plaintiff's Jury Demand on the basis that a jury trial is not available in this litigation, brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq. "Claims under the FTCA may not be tried to a jury . . . ." Manning v. United States, 546 F.3d 430, 432 (7th Cir. 2008) (citing 28 U.S.C. § 2402). An exception exists for internal revenue cases, but that is not relevant here. See 28 U.S.C. §§ 1346(a), 2402.
Based on the foregoing and noting the lack of objection, the Court hereby GRANTS the Motion to Strike Jury Demand [DE 31] and STRIKES Plaintiff's Jury Demand. The Court DIRECTS the Clerk of Court to modify the record to reflect that the Jury Demand has been stricken. The Court CONVERTS the Jury Trial setting in this case to a Bench Trial.
SO ORDERED this 14th day of February, 2018.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT