Santana v. Denver CO City Cty, et al

Filing 163

ORDER given the parties' agreement, it is ordered that the Jury Demand be Stricken and this matter shall be tried to the Court by Judge Walker D. Miller on 04/15/09.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Civil Action No. 03-cv-00774-WDM KATHY SANTANA, Plaintiff, v. CITY AND COUNTY OF DENVER, Defendant. __________________________________________________________________ ORDER __________________________________________________________________ This matter is before me on the Uncontested Motion to Strike Jury Demand (doc. no. 153). The basis for the motion is that only Plaintiff's disparate impact claim remains to be decided and general authority has concluded that a plaintiff is not entitled to a jury on such claims. Plaintiff does not dispute Defendant's position and indeed agrees to that position in her response to the previous motion to strike (see doc. no. 108). Given the parties' agreement, it is ordered that the jury demand be stricken and this matter shall be tried to the court. DATED at Denver, Colorado, on April 15, 2009. BY THE COURT:

s/ Walker D. Miller United States District Judge

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