Lindsey v. Parnell Corporate Services, U.S., Inc. et al
ORDER denying 11 as moot Motion to Strike Plaintiff's Jury Demand. Plaintiff has consented to a trial to the court on her claims. Accordingly, plaintiff's claims will be tried to the district judge. Signed by Magistrate Judge K. Gary Sebelius on 8/4/2017.(wh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
PARNELL CORPORATE SERVICES,
U.S., INC., et al.,
Case No. 17-2016-JTM
This matter comes before the court upon defendants’ Motion to Strike Plaintiff’s Jury
Demand (ECF No. 11). For the following reasons, this motion is denied as moot.
In her complaint, plaintiff asserts employment discrimination claims arising from her
employment with the defendants. Plaintiff demands that a jury trial on her claims. In its motion,
defendants seek to strike plaintiff’s demand for a jury trial based upon a provision in an
employment agreement entered into by plaintiff with defendants at the commencement of her
employment with the defendants. In that agreement, plaintiff and defendants waived their right
to a jury trial on any claims arising out of or related to plaintiff’s employment. In her response to
defendants’ motion, plaintiff consents to a trial to the court on her claims. With that consent, the
court finds that defendants’ motion is moot. The claims contained in plaintiff’s complaint will
be tried to the court.
IT IS THEREFORE ORDERED that defendants’ Motion to Strike Plaintiff’s Jury
Demand (ECF No. 11) is hereby denied as moot. The claims contained in plaintiff’s complaint
will be tried to the court.
IT IS SO ORDERED.
Dated this 4th day of August, 2017, at Topeka, Kansas.
s/ K. Gary Sebelius
K. Gary Sebelius
U.S. Magistrate Judge
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