Angelle v. Spartan Offshore Drilling LLC

Filing 65

ORDER AND REASONS: ORDERED that the clerk of court designate this action as a non-jury trial. Signed by Judge Eldon E. Fallon on 7/25/2019.(jeg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

PETER ANGELLE

CIVIL ACTION

VERSUS

NO. 17-7707

SPARTAN OFFSHORE DRILLING LLC

SECTION "L" (2)

ORDER & REASONS
In this Order & Reasons, the Court considers sua sponte the availability of jury to the case
at bar. This maritime personal injury case arises from injuries Plaintiff Peter Angelle allegedly
sustained while aboard the SPARTAN 208, a jack-up drilling vessel owned, operated, and
controlled by Defendant Spartan Offshore Drilling, LLC (“Spartan”). R. Doc. 4 at 1. Although
Plaintiff initially brought this action pursuant to the Outer Continental Shelf Lands Act, general
maritime law, and the Jones Act against Spartan and Plaintiff’s employer Gordon Reed &
Associates (“GRA”)—which the Court dismissed on June 18, 2018, R. Doc. 16—Plaintiff has
since amended his complaint and now brings his claims pursuant to Federal Rule of Civil
Procedure 9(h), thereby waiving his right to a jury trial, R. Doc. 22 at 3. See T.N.T. Marine Serv.,
Inc. v. Weaver Shipyards & Dry Docks, Inc., 702 F.2d 585, 587–88 (5th Cir. 1983). In his initial
complaint, however, Plaintiff made a jury demand. R. Doc. 1. Moreover, prior to being dismissed,
GRA also made a jury demand. R. Doc. 10.
Despite Plaintiff’s second amended complaint brining claims under Rule 9(h) only, these
demands have not been explicitly withdrawn and therefore remain active on the docket. Because
Plaintiff has elected to proceed with all of his claims in admiralty, the Court denies these jury
demands sua sponte pursuant to Federal Rule of Civil Procedure 39(a)(2).

Accordingly;
IT IS ORDERED that the clerk of court designate this action as a non-jury trial.

New Orleans, Louisiana, this 25th day of July, 2019.

UNITED STATES DISTRICT JUDGE

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