Cincinnati Insurance Company v. SunSouth Bank et al (JOINT ASSIGN)
OPINION AND ORDER: it is ORDERED that: (1) The 45 objection is overruled. (2) The 46 alternative motion for trial by jury is denied as moot. It is further ORDERED that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 5/9/2016. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
CIVIL ACTION NO.
OPINION AND ORDER
Plaintiff Cincinnati Insurance Company filed this
lawsuit seeking a determination that it has no duty to
After SunSouth’s deadline for demanding a jury
trial on the complaint had passed, see Fed. R. Civ. P.
38(b)(1), SunSouth filed a counterclaim--with a jury
contract and a contract covering the following year.
This case is before the court on Cincinnati’s objection
to the United States Magistrate Judge’s order denying
Cincinnati’s motion to strike SunSouth’s jury demand.
Also before the court is SunSouth’s alternative motion
Procedure 39(b), which is embedded in its response to
Upon an independent and de novo review
of the record, the court concludes that the objections
trial under Rule 39(b) should be denied as moot.
The court notes that there has been no ruling as
to--and it is unclear to this court at this time--which
factual issues in the case are covered by SunSouth’s
See generally LaMarca v. Turner, 995 F.2d 1526,
1545 (11th Cir. 1993).
If this case goes to trial, the
court will take up this issue prior to trial on an
appropriate pretrial motion.
Accordingly, it is ORDERED that:
(1) The objection (doc. no. 45) is overruled.
(2) The alternative motion for trial by jury (doc.
no. 46) is denied as moot.
It is further ORDERED that this case is referred
back to the magistrate judge for further proceedings.
DONE, this the 9th day of May, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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