YAGER et al v. STARWOOD HOTELS & RESORTS WORLDWIDE, INC. et al

Filing 121

MEMORANDUM ORDER granting 86 MOTION for a Bench Trial filed by JEFFREY YAGER, PAIGE PEABODY YAGER. A Final Pretrial Conference is set for 5/28/2015 at 03:30 PM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 5/26/2015. (fms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

PAIGE PEABOBY YAGER and
JEFFREY YAGER,
Plaintiffs,
v.

SHERATON OVERSEAS
MANAGEMENT CORPORATION,
Defendant.

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Civ. No. 13-1392-SLR

MEMORANDUM ORDER
At Wilmington this

JJ..-r day of May, 2015, having considered plaintiffs' motion

for a bench trial and the papers submitted in connection therewith;
IT IS ORDERED that said motion (D.I. 86) is granted. The right to a jury trial is a
substantive right. In re NDEP Corp., 203 B.R. 905, 910 fn. 4 (D. Del. ·t996). The
Bahamian Constitution provides a jury trial to its citizens charged with a criminal
offense. Commonwealth of the Bahamas Constitution Art. 20(2)(g). Howev,er, the
Bahamian Constitution does not expressly provide for a jury trial in civil matters. Yager

v. Starwood Hotels & Resorts Worldwide, Inc., 2013 WL 2414146, at ·k 5 (E.D. Pa June
3, 2013), at *5; Campbell v. Starwood Hotels & Resorts Worldwide Inc., 2008 WL
2844020, at *6 (S.D. Florida July 23, 2008) ("[S]ince there is no right to a jury trial in a
civil case in the Bahamas, there is no compelling argument to be macle here that a jury
needs to view the scene."). Defendant has failed to present case law or other legal
support for its contention that it has the right to proceed by jury trial with the instant

personal injury civil lawsuit.
IT IS FURTHER ORDERED that the pretrial conference shall be conducted on
May 28, 2015 commencing at 3:30 p.m.

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United StateDiStriCtJUdQe

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