Browning v. Alegent Health

Filing 20

MEMORANDUM AND ORDER - Defendant's Motion to Strike Jury Demand of Plaintiff (filing 13 ) is granted. Plaintiff's demand for a jury trial on Count II of her complaint (ERISA Violation) is denied and hereby stricken. Plaintiff retains a right to jury trial on her breach of contract claim. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARY P. BROWNING,
Plaintiff,
V.
ALEGENT HEALTH, a Nebraska
non-profit corporation,
Defendant.

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8:11CV2

MEMORANDUM AND ORDER

This matter is before the court on Defendant’s Motion to Strike Jury Demand of
Plaintiff (filing 13). The motion will be granted.
This case involves allegations that Defendant is unlawfully refusing to pay Plaintiff
a supplemental life insurance benefit. Plaintiff has plead two causes of action: Count I for
“Breach of Contract” under Nebraska common law, and Count II for an “ERISA Violation”
under 29 U.S.C. § 1132(a)(1)(B).
Defendant requests that this court strike Plaintiff’s demand for a jury trial as it relates
to Count II. Defendant argues that there is no right to a jury trial on an ERISA claim.
Defendant is correct. The Eighth Circuit has concluded that there is no right to a jury trial
on claims under ERISA In re Vorpahl, 695 F.2d 318, 321 (8th Cir. 1982); Houghton v.
SIPCO, Inc., 38 F.3d 953 (8th Cir. 1994).
Accordingly,
IT IS ORDERED:
1.

Defendant’s Motion to Strike Jury Demand of Plaintiff (filing 13) is granted;

2.

Plaintiff’s demand for a jury trial on Count II of her complaint (ERISA

Violation) is denied and hereby stricken. Plaintiff retains a right to jury trial
on her breach of contract claim.
DATED June 27, 2011.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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