Stewart v. United States of America

Filing 7

ORDER -...IT IS HEREBY ORDERED that defendant United States of America's motion to strike plaintiffs jury demand is GRANTED. [Doc. 4]. Signed by District Judge Charles A. Shaw on 1/19/2016. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GWIN STEWART,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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No. 4:15-CV-1124 CAS

ORDER
This matter is before the Court on defendant United States of America’s motion to
strike plaintiff’s jury demand. Plaintiff did not respond to the government’s motion, and the
time to do so has expired.
Plaintiff Gwin Stewart brings this action pursuant to the Federal Tort Claims Act
(“FTCA”) for injuries she sustained after allegedly falling into an unmarked hole on the
property of the Jefferson National Expansion Memorial on July 4, 2012. Plaintiff brings no
other claims against any other defendant. As pointed out by the government in its motion,
the language of 28 U.S.C. § 2402 provides that “any action against the United States under
section 1346 shall be tried by the court without a jury . . . .” Under the authority of this
statute, the government’s motion will be granted.
The parties should be aware, however, that should this case proceed to trial and issues
of fact remain, the Court may at its discretion empanel an advisory jury panel.

Accordingly,
IT IS HEREBY ORDERED that defendant United States of America’s motion to
strike plaintiff’s jury demand is GRANTED. [Doc. 4]

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 19th

day of January, 2016.

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