Souders v. Fleming Companies, Inc.

Full title: Steven W. SOUDERS, Plaintiff, v. FLEMING COMPANIES, INC., Defendant

Court: United States District Court, D. Nebraska

Date published: Apr 17, 1997

960 F. Supp. 218 (D. Neb. 1997)

Opinion

No. 4:CV95-3407.

April 17, 1997.

Susan M. Ugai, Ugai Lindgren, Lincoln, NE, for Plaintiff.

Robert F. Rossiter, Jr., Fraser, Stryker, Vaughn, Meusey, Olson, Boyer Bloch, P.C., Omaha, NE, for Defendant.

MEMORANDUM AND ORDER

KOPF, District Judge.

The pretrial conference order in this case presents the question of whether the plaintiff is entitled to a jury trial in this Family and Medical Leave Act case. I conclude that as to liability and back pay, the plaintiff is entitled to a jury trial. Helmly v. Stone Container Corp., 957 F. Supp. 1274 (S.D.Ga. 1997). As to equitable issues such as reinstatement and front pay, I conclude that those issues are for the court. Cf., Newhouse v. McCormick Co., Inc., 110 F.3d 635 (8th Cir. 1997).

IT IS SO ORDERED.