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)

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