Chevron Corporation et al v. Jolliff

Filing 23

MEMORANDUM AND ORDER, Granting 22 MOTION to Strike 19 Counterclaim Defendant/Counterplaintiff's Demand for Jury Trial filed by Chevron Corporation, ACS HR Solutions, LLC. Signed by Judge J. Phil Gilbert on 9/22/09. (bkl)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CHEVRON CORPORATION and ACS HR SOLUTIONS, LLC, as Subrogee of Chevron Corporation and the Chevron Retirement Plan, Plaintiffs/Counterdefendants, vs. CARL H. JOLIFF, Defendant/Counterplaintiff. ) ) ) ) ) ) ) ) ) ) ) )

Case No. 3:09-cv-246

MEMORANDUM AND ORDER This matter comes before the Court on the motion (Doc. 22) filed by plaintiffs/ counterdefendants Chevron Corporation and ACS HR Solutions, LLC to strike defendant/ counterplaintiff Carl H. Joliff's jury demand in his amended counterclaim, which asserts claims for breach of fiduciary duty and estoppel under § 502(a)(3)(B) of the Employee Retirement Income Security Act, 29 U.S.C. § 1132(a)(3)(B). Joliff has not responded to the motion to strike. The Court construes Joliff's failure to respond as an admission of the merits of the motion. See Local Rule 7.1(c). Indeed, the motion has merit, for as a general rule there is no right to a jury trial for ERISA claims because the relief requested is equitable in nature. Matthews v. Sears Pension Plan, 144 F.3d 461, 468 (7th Cir. 1998). Accordingly, the Court GRANTS the motion to strike (Doc. 22) and STRIKES the jury demand in Joliff's amended counterclaim (Doc. 19) IT IS SO ORDERED. DATED: September 22, 2009 s/ J. Phil Gilbert United States District Judge