Hunter v. Salem, Missouri, City of et al

Filing 20

MOTION to Strike 16 Answer to Complaint, 17 Answer to Complaint (to strike jury demands) by Plaintiff Anaka Hunter. (Rothert, Anthony)

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANAKA HUNTER,
Plaintiff,
vs.
CITY OF SALEM, MISSOURI, et al.,
Defendants.

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Case No. 4:12-CV-4 ERW

MOTION TO STRIKE JURY DEMANDS
Comes now Plaintiff and moves this Court to strike Defendants’ jury demands. In
support, Plaintiff states:
1.

On January 3, 2012, Plaintiff filed this action pursuant to 42 U.S.C. § 1983

against Defendants seeking declaratory judgment, injunctive relief, and nominal damages.
(Doc. # 1).
2.

Defendant City of Salem, Missouri, has filed a motion to dismiss. (Doc. # 18).

3.

Defendants Board of Trustees of the Salem, Missouri, Public Library and Glenda

Wofford have filed separate answers. (Doc. # 16, 17).
4.

In their respective answers, Board of Trustees and Wofford demand a trial by

jury. Id.
5.

For the reasons explained in the accompanying memorandum in support of this

motion, Defendants are not entitled to a jury trial in this matter because there is no right to a jury
in a §1983 case seeking equitable relief and a request for nominal damages is insufficient to
trigger the Seventh Amendment’s right to a jury.

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WHEREFORE Plaintiff moves this Court for entry of an order striking Defendants’ jury
demands should be stricken.
Respectfully submitted,
/s/ Anthony E. Rothert
Anthony E. Rothert, #44827MO
Grant R. Doty, #60788MO
454 Whittier Street
St. Louis, Missouri 63108
[phone]
Attorneys for Plaintiff

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CERTIFICATE OF SERVICE
I hereby certify that on March 12, 2012, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system and a copy was made available electronically to counsel
for defendants, who are an electronic filing participant.
/s/ Anthony E. Rothert

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