KD, et al vs. Douglas County Public School District No. 001, et al

Filing 67

ORDER - OPS' motion to strike the jury demand as to Plaintiffs' Third claim for recovery under the Nebraska Political Subdivisions Tort Claims Act, (Filing No. 63 ), is granted. A single trial will be held as to all of Plaintiff's claims. The court will not currently address Plaintiffs' request that the jury render an advisory determination on the Third Claim. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KD, Parent, Natural Guardian and Next
Friend of; and JD, Parent, Natural
Guardian and Next Friend of;

8:17CV285

Plaintiffs,
ORDER
vs.
DOUGLAS COUNTY SCHOOL
DISTRICT NO. 001, DANIEL
BARTELS, BRIAN ROBESON, JOE
DOE, and JANE DOE,
Defendants.
Defendant Douglas County Public School District No. 001, a/k/a Omaha
Public Schools (OPS) has moved to strike Plaintiff’s demand for a jury trial on
Plaintiffs' Third Claim brought under the Nebraska Political Subdivisions Tort
Claims Act. (Filing No. 63). Plaintiffs concede that a jury trial in not permitted on
their Third Claim, but further argue that only one trial should be held as to all
alleged claims, with the jury’s factual findings providing an advisory determination
on the Third Claim. (Filing No. 66).
The question of whether the jury’s findings on Plaintiffs’ First, Second,
Fourth, Fifth and Sixth claims would assist the presiding judge in deciding the
merits of the Third Claim is best answered on a fully developed record, taking
into consideration the extent of overlapping factual issues between the Third
claim and all other alleged claims and the risk of inconsistent outcomes.

Accordingly,

1)

OPS’ motion to strike the jury demand as to Plaintiffs’ Third claim for

recovery under the Nebraska Political Subdivisions Tort Claims Act, (Filing No.
63), is granted.

2)

A single trial will be held as to all of Plaintiff’s claims.

3)

The court will not currently address Plaintiffs’ request that the jury

render an advisory determination on the Third Claim.

Dated this 5th day of September, 2018.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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