Langlinais v. Tetra Applied Technologies L L C

Filing 16

MEMORANDUM ORDER granting 11 Motion to Strike Defendant's Jury Demand. Signed by Judge Tucker L Melancon on 01/09/12. (crt,Yocum, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
Langlinais

Civil Action 11-1636

versus

Judge Tucker L. Melançon

Tetra Applied Technologies, LLC

Magistrate Judge C. Michael Hill

MEMORANDUM ORDER
Before the Court is plaintiff Ted B. Langlinais’s Motion To Strike the Defendant’s
Jury Demand [Rec. Doc. 11] and plaintiff’s Supplemental Memorandum, [Rec. Doc. 14], in
which plaintiff moves the Court to strike the request for jury trial filed by defendant Tetra
Applied Technologies, LLC (“Tetra”) in its December 9, 2011 Answer, R. 9, and that this
matter be allowed to proceed to trial before the bench. Defendant has filed no opposition
to plaintiff’s motion.1
The record indicates that plaintiff elected a non-jury trial under Rule 9(h) of the
Federal Rules of Civil Procedure. Rule 9(h) provides that “[i]f a claim for relief is within the
admiralty or maritime jurisdiction and also within the court’s subject-matter jurisdiction on
some other ground, the pleading may designate the claim as an admiralty or maritime claim
for purposes of Rule ... 38(e),” which allows for bench trials in maritime cases. See
Fed.R.Civ.P. 38(e).

Where the plaintiff has specifically elected to pursue a non-jury

admiralty claim pursuant to Rule 9(h), the election made available to the pleader pursuant to
Rule 9(h) is dispositive. Hamm v. Island Operating Co., Inc., 2011 WL 5570644, 4 (5 th Cir.
2011) (citing Harrison v. Flota Mercante Grancolombiana, S.A., 577 F.2d 968, 986 (5 th

1

Local Rule 7.5W requires that written opposition to a motion be filed within twenty-one (21) days
after service of the motion. Pursuant to L.R. 7.5W, defendant’s opposition was due on January 5, 2012.

Cir.1978). It is undisputed that plaintiff made his Rule 9(h) election. Therefore, Tetra has
no right to a jury trial. Accordingly, it is
ORDERED that plaintiff Ted B. Langlinais’s Motion To Strike the Defendant’s Jury
Demand [Rec. Doc. 11] is GRANTED.
Thus done and signed this 9 th day of January, 2012 at Lafayette, Louisiana.

2.