United States of America et al v. STABL, Inc.

Filing 111

ORDER granting 107 Motion to Change Trial on Docket to Bench Trial. The Clerk of Court is directed to modify the docket sheet to reflect that trial of this matter will be to the bench, not a jury. Ordered by Magistrate Judge F.A. Gossett. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
and STATE OF NEBRASKA,
Plaintiffs,
V.
STABL, INC.,
Defendant.

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8:11CV274

ORDER

On May 21, 2013, the Court granted, in part, Plaintiffs’ Motion for Partial Summary
Judgment on the Issue of Liability (filing 98). Citing United States v. Tull, 481 U.S. 412,
426-27 (1987), in which the United States Supreme Court held that Clean Water Act penalty
issues are decided by the court, Plaintiffs have moved that this case be removed from the jury
docket. (Filing 107.)
Defendant has filed an Objection to Plaintiffs’ request to remove this case from the
jury docket (filing 109). In its Objection, Defendant recognizes the Tull decision and
provides no authority supporting a right to a jury trial in this case. Instead, Defendant’s
Objection states that Defendant is seeking to preserve its position on its anticipated appeal
of the Court’s May 21, 2013 Memorandum and Order (filing 98). Defendant also claims in
its Objection that an advisory jury could save a great deal of time if the Court’s award of
summary judgment is reversed.
In accordance with the Tull decision, Plaintiffs’ Motion to Change Trial on Docket
to Bench Trial (filing 107) will be granted. The Court declines Defendant’s invitation for an
advisory jury.
IT IS ORDERED:
1.

Plaintiffs’ Motion to Change Trial on Docket to Bench Trial (filing 107) is

granted.
2.

The Clerk of Court is directed to modify the docket sheet to reflect that trial
of this matter will be to the bench, not a jury.

DATED August 19, 2013.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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