Lopez v. United States of America et al

Filing 63

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants motion to strike plaintiffs jury demand [Doc. # 55] is granted. Signed by District Judge Carol E. Jackson on 4/17/2013. (KMS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MANNY LOPEZ, Plaintiff, vs. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) Case No. 4:11-CV-891 (CEJ) MEMORANDUM AND ORDER Plaintiff brings this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., to recover damages for injuries he allegedly sustained in a collision with a United States Postal Service vehicle.1 The defendant moves to strike plaintiff’s jury demand. There is no right to a jury trial under the FTCA. See Carlson v. Green, 446 U.S. 14, 22 (1990) (“[A] plaintiff cannot opt for a jury in an FTCA action”) (citing 28 U.S.C. § 2402). Accordingly, IT IS HEREBY ORDERED that defendant’s motion to strike plaintiff’s jury demand [Doc. # 55] is granted. ___________________________ CAROL E. JACKSON UNITED STATES DISTRICT JUDGE Dated this 17th day of April, 2013. 1 Plaintiff’s negligence claim against defendant Shea Pyron was disposed of through summary judgment and the sole claim remaining for trial arises under the FTCA.

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