Ferree v. United States of America

Filing 32

OPINION AND ORDER: The Court hereby GRANTS the Motion to Strike Jury Demand 31 and STRIKES Plaintiff's Jury Demand. The Court DIRECTS the Clerk to modify the record to reflect that the Jury Demand has been stricken. The Court CONVERTS the Jury Trial setting in this case to a Bench Trial. Signed by Magistrate Judge Paul R Cherry on 2/14/2018. (jss)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
JACQUELINE FERREE,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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CAUSE NO.: 2:16-CV-496-PRC

OPINION AND ORDER
This matter is before the Court on a Motion to Strike Jury Demand [DE 31], filed by the
United States of America on January 30, 2018. Plaintiff Jacqueline Ferree did not file a response,
and her deadline by which to do so has passed.
The United States of America asks the Court to strike Plaintiff’s Jury Demand on the basis
that a jury trial is not available in this litigation, brought under the Federal Tort Claims Act (FTCA),
28 U.S.C. § 2671 et seq. “Claims under the FTCA may not be tried to a jury . . . .” Manning v.
United States, 546 F.3d 430, 432 (7th Cir. 2008) (citing 28 U.S.C. § 2402). An exception exists for
internal revenue cases, but that is not relevant here. See 28 U.S.C. §§ 1346(a), 2402.
Based on the foregoing and noting the lack of objection, the Court hereby GRANTS the
Motion to Strike Jury Demand [DE 31] and STRIKES Plaintiff’s Jury Demand. The Court
DIRECTS the Clerk of Court to modify the record to reflect that the Jury Demand has been stricken.
The Court CONVERTS the Jury Trial setting in this case to a Bench Trial.
SO ORDERED this 14th day of February, 2018.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT