Cadence Bank, N.A. v. Cabaniss et al

Filing 30

ORDER granting 17 Motion to Strike jury demand. The defendants' jury demand is STRICKEN. Signed by Chief Judge William H. Steele on 7/28/2015. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CADENCE BANK, N.A., etc.,
Plaintiff,
v.
REX CABANNIS, et al.,
Defendants.

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) CIVIL ACTION 15-0134-WS-N
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ORDER

The plaintiff has filed a motion to strike jury demand. (Doc. 17). The
defendants do not oppose the motion. (Doc. 27). Accordingly, the motion is
granted. The defendants’ jury demand is stricken.1
DONE and ORDERED this 28th day of July, 2015.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

1

The defendants “seek the Court’s permission to reserve the right to demand a
jury trial if discovery reveals an issue for which the Defendants would be entitled to it.”
(Doc. 27 at 2). The defendants’ ability to obtain a jury trial depends on governing law or
the plaintiff’s acquiescence. The Court therefore cannot grant the defendants the
assurance they seek.