Rusch v. Midwest Industries Inc et al

Filing 72

MEMORANDUM AND OPINION ORDER: Plaintiff's ERISA claim will not be submitted to the jury, and any reference to retirement benefits or ERISA will not be included in any instructions or interrogatories submitted to the jury: This Court will take up Plaintiff's ERISA claim after a jury verdict is received as to Plaintiff's other claims. Signed by Senior Judge Donald E O'Brien on 07/13/12. (kfs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
DONALD C. RUSCH,
Plaintiff,

No. 10-CV-4110-DEO

v.
Memorandum and Opinion Order

MIDWEST INDUSTRIES INC.,
et. al.,
Defendants.

____________________
On July 11, 2012, Plaintiff and Defendant filed Joint
Proposed Preliminary and Final Jury Instructions.
64.

Within

those

Proposed

Instructions,

Docket No.

Plaintiff

and

Defendants disagree as to whether Plaintiff is entitled to a
jury trial in relation to his ERISA claim.

After careful

consideration of the case law cited by both parties, this
Court is persuaded that Plaintiff is not entitled to a jury
trial on his ERISA claim.

The Eighth Circuit has squarely

ruled that claims “for present and future benefits under” a
retirement plan, as well as other equitable relief, “should
properly be tried” by “the court. . . .”

In Re Vorpahl, 695

F.2d 318, 322 (8th Cir. 1982); see also Howe v. Varity
Corporation,

36

F.3d

746,

751,

fn

2

(8th

Cir.

1994).

Therefore, Plaintiff’s ERISA claim will not be submitted to
the jury, and any reference to retirement benefits or ERISA

will not be included in any instructions or interrogatories
submitted to the jury.

This Court will take up Plaintiff’s

ERISA claim after a jury verdict is received as to Plaintiff’s
other claims.
IT IS SO ORDERED this 13th day of July, 2012.

__________________________________
Donald E. O’Brien, Senior Judge
United States District Court
Northern District of Iowa

2