HUTCHINSON et al v. UNITED STATES OF AMERICA

Filing 32

ORDER notifying parties that case will be tried in April by the Court. Ordered by Judge Hugh Lawson on 2/15/2013. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
R. ANTHONY HUTCHINSON and
LISA HUTCHINSON,
Plaintiffs
Civil Action 7:11-CV-131 (HL)
v.
UNITED STATES OF AMERICA,
Defendant.

ORDER
In their Complaint, Plaintiffs notified the Court of their desire to have this
case tried by a jury. However, based on the applicable law, a jury trial is not
appropriate. “[A]ny action against the United States under section 1346 shall be
tried by the court without a jury.” 28 U.S.C. § 2402. This case is based on a claim
under 28 U.S.C. § 1346, the Federal Tort Claims Act, and therefore, a jury trial is
not permissible.1
This case remains on the April 2013 trial calendar, but the case shall now
be tried by the Court, not by a jury.
SO ORDERED, this 15th day of February, 2013.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE

1

There is some exception for actions brought under § 1346(a)(1), but this
exception, which deals with actions for the recovery of illegal assessment of
taxes, is not applicable here.