McPherson v. Donahoe

Filing 35

OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants Motion to Strike Plaintiffs Jury Demand, [Doc. No. 33 ] is granted. Signed by District Judge Henry Edward Autrey on 10/4/18. (KJS)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DOUGLAS McPHERSON,
Plaintiffs,
vs.
MEGAN J. BRENNAN,
Postmaster General,
United States Postal Service,
Defendants.

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Case No. 4:15CV00009 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Motion to Strike Plaintiff’s
Jury Demand, [Doc. No. 33], filed on July 2, 2018. Plaintiff filed his
Memorandum in Opposition to Defendant’s Motion to Strike Plaintiff’s Jury
Demand, [Docket. No. 34], on July 17, 2018. For the reasons set forth below,
Defendant’s Motion o Strike Plaintiff’s Jury Demand, [Doc. No. 33] is granted.
Facts and Background
Plaintiff brought this action pursuant to the Age Discrimination in
Employment Act (“ADEA”) alleging that Defendant discriminated against him
based on his age when she failed to hire him for the criminal investigator position
that he sought. [Doc. 15]. In his Amended Complaint, Petitioner demanded a trial
by jury. [Doc. 15].

STANDARD OF REVIEW
Rule 39(a)(2) of the Federal Rules of Civil Procedure is clear in its mandate
of considerations. When a trial by jury is demanded it is required unless “the
court, on motion or on its own, finds that on some of all of those issues there is no
federal right to a jury trial.” Fed. R. Civ. P. 39(a)(2)
DISCUSSION
It is axiomatic the Seventh Amendment right to a jury trial does not apply
to lawsuits against the federal government. Lehman v. Nakshian, 453 U.S. 156,
160 (1981). “In an action involving federal funds, a plaintiff is only entitled to a
jury trial if Congress has granted that right by statute.” Gunter v. Farmers Ins. Co.,
Inc., 736 F.3d 768, 773 (8th Cir. 2013).
The ADEA does not set forth an express grant of a right to trial by jury.
When the ADEA was amended to apply to the federal government, Congress
did not grant, to federal employees, a right to a jury trial when they sue their
federal employer (or potential employer)under that provision. Lehman, 453 U.S. at
169.
The Motion to strike is well taken. See Logan v. Chertoff, No. 4:07-C1948-CAS, 2008 WL 922329, at *3 (E.D. Mo. Apr. 2, 2008)(district court granted

federal defendant’s motionto strike jury demand with respect to the claims brought
pursuant to the ADEA); see alsoGiles v. Equal Employment Opportunity Com’n,
520 F. Supp. 1198, 1200 (E.D. Mo. 1981).
Conclusion
The Court has considered the filings and arguments presented. Based upon
the foregoing considerations Defendant’s Motion to Strike Plaintiff’s Jury
Demand, [Doc. No. 33] is granted.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Strike Plaintiff’s
Jury Demand, [Doc. No. 33] is granted.
Dated this 4th day of October, 2018.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE