Berry v. Davis et al

Filing 37

ORDER granting 33 Motion for Jury Trial and this case is reset for a Jury Trial to begin on 11/4/2013 09:00 AM in Fort Smith -- 1st flr (Rm 1004) before Honorable Robert T. Dawson.). Signed by Honorable Robert T. Dawson on August 1, 2013. (sh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CONNIE BERRY and J.W. BERRY, Individually
and as Co-Administrators of the
Estate of ERIC W. BERRY
v.

PLAINTIFFS

CASE NO. 12-2269

BRANDON DAVIS and
THE CITY OF FORT SMITH

DEFENDANTS
O R D E R

Now on this 1st day of August 2013, comes on for consideration
Plaintiffs’ Request for Jury Trial (doc. 33).

Defendants did not

file a response.
On December 20, 2012, this matter was initially scheduled for
a bench trial during the week of September 9, 2013, without a jury
demand by any party.

On July 12, 2013, this matter was reset for

a bench trial during the week of November 4, 2013, on Plaintiffs’
motion.

On July 19, 2013, Plaintiffs filed their request for a

jury trial.

Defendants filed no objection.

Rule 38 of the Federal Rules of Civil Procedure provides that
a party may demand a jury trial by serving the other parties with
a written demand no later than fourteen (14) days after the last
pleading directed to the issue is served and filing the said
demand.

The Rule further provides that a party waives a jury trial

unless its demand is properly served and filed.
38(d).

AO72A
(Rev. 8/82)

Fed. R. Civ. P.

In this case, the fourteen (14) days began to run after
Defendants filed their answer to Plaintiffs’ Complaint on December
12, 2012.

No Rule 38 jury demand was made by any party until July

19, 2013, when Plaintiffs filed the instant request, therefore, the
parties waived their right to a jury trial.
However, Rule 39(b) of the Federal Rules of Civil Procedure
provides that the Court may, on motion, order a jury trial on any
issue for which a jury might have been demanded.

Accordingly, the

Court, being well and sufficiently advised, finds Plaintiffs’
Request (doc. 33) should be GRANTED.

This matter is reset for a

jury trial during the week beginning November 4, 2013.
IT IS SO ORDERED this 1st day of August 2013.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)