Walsh v. Sunrise Senior Living Inc.

Filing 24

ORDER granting 18 Motion to Strike Jury Trial Demand. Signed by Judge J. Frederick Motz on 5/23/13. (hmls, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND

CHAMBERS OF

101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
[phone]
[phone] FAX

J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

May 23, 2013
MEMO TO COUNSEL RE: Stephanie Walsh v. Sunrise Senior Living, Inc.
Civil No. JFM-12-3645

Dear Counsel:
I have reviewed the memoranda submitted in connection with defendant’s motion to
strike jury trial demand (document 18).
The motion is granted. The waiver clause was quite conspicuous. Moreover, although
defendant may have had greater bargaining power than did plaintiff, there was not such a
disparity in bargaining power to justify voiding the waiver provision. Unless the Maryland
courts are prepared to nullify jury waiver clauses in all cases involving consumers and providers
of services, it would be improper for me to nullify the waiver provision here.
Finally, I am satisfied that the contract between the parties was not one covered by Md.
Code, Real Prop. §§ 8-208 and 8-603. In essence, the contract was one for the provisions of
services by an assisted living facility.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.

Very truly yours,
/s/

J. Frederick Motz
United States District Judge