THAYER-BALLINGER v. UNITED STATES POSTAL SERVICE

Filing 63

ENTRY ON DEFENDANT'S MOTION TO STRIKE JURY SETTING: Accordingly, the Defendant's motion to strike jury setting is GRANTED ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 6/24/2013. Copy sent to Pamela Thayer-Ballinger via US Mail. (DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
PAMELA THAYER-BALLINGER,
Plaintiff,
vs.
UNITED STATES POSTAL SERVICE,
Defendant.

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Cause No. 1:11-cv-745-WTL-TAB

ENTRY ON DEFENDANT’S MOTION TO STRIKE JURY SETTING
This cause is before the Court on the Defendant’s motion to strike jury setting. Dkt. No. 53.
The Plaintiff has not responded, and the time for doing so now passed. Accordingly, the motion is
ripe for ruling.
Plaintiff Pamela Thayer-Ballinger claims that her former employer, Defendant the United
States Postal Service, violated of the Indiana Wage Payment Statute by not paying her wages on
demand. Congress has provided a general waiver of sovereign immunity for suits against the Postal
Service in the Postal Reorganization Act (“PRA”). 39 U.S.C. § 401(1) (granting Postal Service
power “to sue and be sued in its official name”). However, “when the government has waived its
sovereign immunity, a plaintiff has a right to a jury trial only where that right is one of the terms of
the government’s consent to be sued.” Holmes v. Potter, 384 F.3d 356, 362 (7th Cir. 2004)
(quotation marks and citations omitted). The PRA does not provide for trial by jury. In re Young,
869 F.2d 158, 159 (2d Cir. 1989). Accordingly, the Defendant’s motion is GRANTED.
SO ORDERED:

06/24/2013
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Copies to all counsel of record via electronic communication.
Copies by United States mail to
Pamela Thayer-Ballinger
P.O. Box 298
Fort White, FL 32038

Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana