Richard v. Tallant et al

Filing 25

ORDER denying 14 Motion for Jury Trial; denying 22 Motion to Withdraw Consent to Magistrate Judge. Signed by Honorable Barry A. Bryant on February 2, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

LOUIS EDWARD RICHARD
V.

PLAINTIFF
CIVIL NO. 4:14-cv-4027

JANA TALLANT, et al

DEFENDANTS

ORDER
BEFORE the Court are the Plaintiff's Motion for Jury Trial (ECF No. 14) and Motion to
Withdraw Consent to Magistrate (ECF N0. 22) . In both of these Motions Plaintiff seeks to have his
claims presented to a jury. Defendant objects to this request. ECF No. 15.
The Plaintiff’s Complaint was filed on February 10, 2014, and a Supplement to his
Complaint on May 7, 2014. ECF Nos. 1 and 9. Defendants filed their Answer on May 29, 2014.
ECF No. 12. Plaintiff's motion for Jury Trial was filed on June 26, 2014. The Motion to Withdraw
Consent to Magistrate was filed on August 6, 2014.
Pursuant to Rule 38(b)(1) of the Federal Rules of Civil Procedure a party may file a written
request for a jury trial no later than fourteen (14) days after the last pleading directed to the issue is
served. The last such pleading in this case was the Answer of the Defendants filed on May 29, 2014.
The last day Plaintiff could have requested a jury trial was therefore June 13, 2014. Failure to file
such a request constitutes a waiver of the right to have a jury trial. Plaintiff's request was filed at the
earliest on June 26, 2014, he has thus waived his right to demand a jury trial in this matter.
IT IS THEREFORE ORDERED Plaintiff's Motion for Jury Trial (ECF No. 14) and Motion

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to Withdraw Consent to Magistrate (ECF N0. 22) are DENIED.
ENTERED this 2nd day of February 2015.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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