Cobell v. Sebelius

Filing 24

MEMORANDUM AND ORDER. Plaintiff's Rule 39(b) 18 Motion for a Jury Trial is DENIED. Signed by Judge Sam E Haddon on 5/2/2011. (SLR, )

Fl LE D

201l MAY 3 ArJ 8 08
IN THE UNITED STATES DISTRICT COORylCK E. 0UFFY, CLERK
By _ _ _ _ _ _ __

FOR THE DISTRICT OF MONTANA

DePUTY CLE:RK

GREAT FALLS DIVISION
CHRISTINE A. COBELL,
Plaintiff,

No. CV-IO-55-GF-SEH

vs.
KATHLEEN SEBELIUS, in Her
Official Capacity as SECRETARY OF
THE UNITED STATES
DEPARTMENT OF HEALTH AND
HUMAN SERVlCES,

MEMORANDUM

AND ORDER

Defendant.
INTRODUCTION
Plaintiff, Christine A. Cobell, brought this action against Defendant,
Kathleen Sebelius, Secretary of the United States Department of Health and
Human Services, for damages under Title VII 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. Craig v. Atlantic Richfield Company, 19 F.3d
472,477 (9 th Cir. 1994); Russ v. Standard Insurance Company, 120 F.3d 988,989
(9 th Cir. 1997); Bell v. Cameron Meadows Land Company, 669 F.2d 1278, 1285
(9th Cir. 1982).

ORDER
Plaintiff's Rule 39(b) Motion for a Jury Triae is DENIED.
DATED this

A'~aYOfMay,2011.

~~<I~
United States District Judge

Fed. R. eiv. p, 38(b) provides, in pertinent part, that "[o]n any issue triable of right by a
jury, a party may demand ajury trial by: (\) 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 ajury trial
unless its demand is properly served and filed."
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Document No. 18

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