Robbins v. Auto-Owners Insurance Company

Filing 35

ORDER granting 34 Motion for Jury Trial. Signed by Judge B. Avant Edenfield on 1/6/2015. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
FRANCES ROBBINS,
Plaintiff,
6: 14-cv-95

V.

AUTO-OWNERS INSURANCE COMPANY,
Defendant.

Frances Robbins has filed a Motion for Jury Trial. ECF No. 34. She failed to request a jury
trial within fourteen days of filing her amended complaint, which she filed on September 13, 2014.

See ECF No. 13. However, in the Eleventh Circuit, "the general rule governing belated jury requests
under Rule 39(b) is that the trial court should grant a jury trial in the absence of strong and compelling
reasons to the contrary." Parrott v. Wilson, 707 F.2d 1262, 1267 (11th Cir. 1983) (quotation omitted).
The Defendant has not opposed a jury trial, and the Court also finds that granting Robbins's motion
would not cause delay or prejudice to any party. Therefore, the Court GRANTS Robbins's motion,
ECF No. 34.
However, the confessed reason for Robbins's delay in making her request was the "oversight"
of her attorneys. ECF No. 34-1 at I. "Delays have dangerous ends," see WILLIAM SHAKESPEARE, THE
FIRST PART OF KING HENRY THE SIXTH act 3,

Sc.

2, and those ends sometimes hurt an attorney's

clients. Plaintiff's counsel is encouraged not to overlook deadlines in the future.

This

day of December 2015

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA