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)

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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.    

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