U. S. Technology Corporation v. Ramsay et al

Filing 87

ORDER granting in part and denying in part 79 Motion to deny jury demand. Signed by Honorable David C. Bramlette, III on 6/10/2011 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
U.S. TECHNOLOGY CORPORATION
VS.

PLAINTIFF/
COUNTER-DEFENDANT
CIVIL ACTION NO. 5:08-cv-218(DCB)(JMR)

PAT RAMSAY
and
DELTA LOGGING & COMPANY, INC.

DEFENDANT
DEFENDANT/
COUNTER-CLAIMANT
ORDER

This cause is before the Court on the defendants Pat Ramsay
and Delta Logging & Company, Inc.’s Motion to Deny Plaintiff’s Jury
Demand (docket entry 79).

Having carefully considered the motion

and response, and being fully advised in the premises the Court
finds as follows:
The defendants object to plaintiff’s demand for jury trial as
to cost recovery and contribution claims under CERCLA because such
claims are equitable in nature.

The defendants also object to the

jury demand as to any claims which are subsumed by the plaintiff’s
CERCLA claims.

In response, U.S. Technology does not contest that

its CERCLA claims should be tried by the Court, not a jury.
However, it asserts that “at least some” of its claims are legal,
not

equitable,

in

nature,

specifically

its

state

law

claims

involving nuisance per se and fraud. The plaintiff further asserts
that some of its state law damages, specifically monetary damages
for fraud, are not subsumed or preempted by CERCLA.

The Court therefore finds that the plaintiff is entitled to a
jury on some, but not all, of its claims. Presently pending before
the Court is the issue of whether the plaintiff can maintain a
private cause of action under Mississippi’s Solid Waste Disposal
Law and Pollution Control Law.

The Court must also determine the

extent to which some of the plaintiff’s claims may be subsumed or
preempted by CERCLA.

The Court will therefore excuse the parties

from submitting jury instructions until further order of the Court.
Accordingly,
IT IS HEREBY ORDERED that the defendants Pat Ramsay and Delta
Logging & Company, Inc.’s Motion to Deny Plaintiff’s Jury Demand
(docket entry 79) is GRANTED IN PART AND DENIED IN PART as set
forth above.
SO ORDERED, this the 10th day of June, 2011.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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