Doss v. K2 M/V et al

Filing 60

ORDER & REASONS granting 51 Motion to Strike Jury Demand. Signed by Judge Sarah S. Vance on 1/10/2017. (mmm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DONALD DOSS

CIVIL ACTION

VERSUS

NO. 15-1539

K2 M/V, ET AL.

SECTION “R” (5)

ORDER AND REASONS
Defendants Associated Terminals, Inc. and the M/V K2 in rem, move
to strike plaintiff Donald Doss’ jury demand. 1 Doss has not opposed the
motion. In his complaint, Doss invokes the Court’s admiralty jurisdiction. 2
The complaint asserts no other basis for jurisdiction.
A Jones Act seaman is entitled to trial by jury. See 46 U.S.C. § 30104
(“A seaman injured in the course of employment or, if the seaman dies from
the injury, the personal representative of the seaman may elect to bring a
civil action at law, with the right of trial by jury, against the employer.”)
(emphasis added). But a plaintiff bringing only non-Jones Act admiralty

R. Doc. 51.
R. Doc. 1 at 1 (“This case is cognizable under Admiralty and Maritime
jurisdiction, pursuant to an Act of Congress, known as the Merchant Marine
Act, approved by Congress on June 5, 1920, Section 33, commonly referred
to as the Jones Act (46 U.S.C.A. Section 688), and pursuant to the general
Maritime Laws of the United States of America, as hereinafter more fully
appears.”).
1

2

claims enjoys no corresponding right. Luera v. M/V Alberta, 635 F.3d 181,
188 (5th Cir. 2011) (“[T]here is no right to a jury trial where the complaint
contains a statement identifying the claim as an admiralty or maritime
claim.”).
Because the Court has dismissed Doss’ Jones Act claim,3 and only
claims sounding in admiralty remain, Doss’ jury demand is properly struck.
See Durden v. Exxon Corp., 803 F.2d 845, 850 (5th Cir. 1986) (following
dismissal of Jones Act claim, “[t]he district court properly dismissed the jury
because the suit alleged admiralty jurisdiction, and properly shouldered the
burden of deciding the factual dispute”). Accordingly, defendants’ motion to
strike Doss’ jury demand is GRANTED.

10th
New Orleans, Louisiana, this _____ day of January, 2017.

_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

3

R. Doc. 41; R. Doc. 56.
2