Tri-State Lodging, Inc. v. E-Z Mart Stores, Inc.

Filing 41

ORDER granting 35 Motion for Twelve Person Jury. Signed by Honorable Susan O. Hickey on December 17, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TRI-STATE LODGING, INC. VS. PLAINTIFF CASE NO. 13-CV-4088 E-Z MART STORES, INC. DEFENDANT STATE OF ARKANSAS INTERVENOR ORDER Before the Court is Defendant E-Z Mart Stores, Inc.’s Motion for Twelve Person Jury. (ECF No. 35). No other party has filed an objection to this request. Federal Rule of Civil Procedure 48 permits a jury to “begin with at least 6 and no more than 12 members.” The decision to empanel a twelve-person jury is within the district court’s discretion. Wolfe v. Fayetteville, Ark. Sch. Dist., 648 F.3d 860, 868-69 (8th Cir. 2011). Accordingly, the Court finds that Defendant E-Z Mart Stores, Inc.’s Motion for Twelve Person Jury should be and hereby is GRANTED. IT IS SO ORDERED, this 17th day of December, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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