Lambert, et al. v. United States of America, et al.

Filing 48

ORDER granting 46 Defendant's Motion to Strike Jury Demand. This case will be tried to the court without a jury. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA K E L L E LAMBERT, et al., ) ) P l a in t if f S , ) ) vs. ) ) U N I T E D STATES OF AMERICA, et al., ) ) D e f e n d a n t s. )

8 :0 8 C V 3 9 8 ORDER

T h is is a wrongful death action brought pursuant to the Federal Tort Claims Act, 28 U .S .C . § 2401(b) (FTCA). Under the FTCA, the district court has jurisdiction over claims a g a in s t the United States for money damages "for personal injury or death caused by the n e g lig e n t or wrongful act or omission of any employee of the Government while acting w ith in the scope of his office or employment." Actions of this nature must be tried by the c o u rt without a jury. See 28 U.S.C. § 2402. For this reason, I T IS ORDERED that defendant's Motion to Strike Jury Demand [47] is granted, and th is case will be tried to the court without a jury. D A T E D January 16, 2009. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge