Apache Corp v. GlobalSantaFe Corp et al

Filing 191

MEMORANDUM RULING re 60 MOTION to Strike Demand for Jury Trial filed by GlobalSantaFe Drilling Co, GlobalSantaFe Hungary Services L L C, GlobalSantaFe South America L L C, GlobalSantaFe Corp. For the reasons noted above, this Court finds the right to a jury trial attached pursuant to the Seventh Amendment; dual jurisdiction exists under the admiralty and OSCLA, thus, an independent basis for jurisdiction exists beyond the Admiralty; no 9(h) designation was made; OCSLA presents no prohib ition against the right to a jury trial, there being no such prohibition or designation under Rule 9(h), Fed.R.Civ.P. 38(a)(e) establish the Seventh Amendment Right prevails, thus this Court finds the right to a jury trial remains by way of the addit ional, non-maritime, grant of jurisdiction, here found under OCSLA, and therefore OVERRULES the Magistrate Judge and DENIES GSF's Motion to Strike Jury Trial. 60 . This Court recognize the uncertainty and importance of this question and invites the parties to place the matter before the appellate court for full clarification of the important legal issues presented.. Signed by Judge Rebecca F Doherty on 6/04/10. (crt,Guidry, C)