Racine v. Sebelius

Filing 23

MEMORANDUM AND ORDER. Plaintiff's Rule 39(b) 17 Motion for a Jury Trial is DENIED. Signed by Judge Sam E Haddon on 5/2/2011. (SLR, )

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FI LED v";'-' GR~/T ' .... -t j • "_ ,) ~, 2011 flRY 3 Af'l 8 08 PATRICK E. UfFY, CLERK IN THE UNITED STATES DISTRICT COURIY -:-_ _ _~_ DepuTY CLERK FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION LISA A. RACINE, Plaintiff, No. CV-IO-37-GF-SEH vs. KATHLEEN SEBELIUS, SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HlJMAN SERVICES, MEMORANDUM AND ORDER Defendant. INTRODUCTION Plaintiff, Lisa A. Racine, brought this action against Defendant, Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, for damages under Title Vll ofthe Civil Rights Act of 1964, 42 U.S.c. §§ 2000e et seq., and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. Answer was filed on December 20,2010. On April 8, 2011, Plaintiff filed a Motion for a Jury Trial under Fed. R. Civ. P. 39(b). The motion is opposed. DISCUSSION No right to a jury trial exists for the ADEA claim. Lehman v. Nakshian, 453 U.S. 156, 162-69 (1981). The jury demand for the Title VII claim is not timelyl and the Court many not appropriately exercise its discretion to extend the time period for making the demand. Craiji v. Atlantic Richfield Company, 19 FJd 472,477 (9 th Cir. 1994); Russ v. Standard Insurance Company, 120 F.3d 988, 989 (9th Cir. 1997); Bell v. Cameron Meadows Land Company, 669 F.2d 1278, 1285 (9th Cir. 1982). ORDER Plaintiffs Rule 39(b) Motion for a Jury Trial 2 is DENIED. DATED this S ~:!~~lY of May, 2011. ~(tI~,..J United States District Judge I Fed. R. Civ. P. 38(b) provides, in pertinent part, that "[o]n any issue triable of right by a jury, a party may demand a jury trial by: (l) serving the other parties with a written demand which may be included in a pleading - no later than 14 days after the last pleading directed to the issue is served ..." Rule 38(d) provides, in pertinent part, that "[a] party waives ajurytrial unless its demand is properly served and filed." 2 Document No. 17 -2­

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