United States of America v. Mitchem
ORDER upon Court's own motion, Deft shall file a brief regarding issue as to whether or not Deft is entitled to a jury trial in this matter on or before 10/16/2017 and Pltf, United States of America is allowed up to and including 10/23/2017 to respond. Signed by Magistrate Judge Dennis Howell on 10/05/2017. (ejb)
IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
1:17 CV 139
UNITED STATES OF AMERICA,
THIS MATTER has come before the undersigned pursuant to a Certification
and Report of Fed.R.Civ.P. 26(f) Conference and Discovery Plan (#10). While
reviewing the plan (#10), the undersigned found the Defendant has requested a trial
by jury on all issues (#9). The undersigned questions whether or not the Defendant
can request a jury trial in an action involving the United States of America as a party.
As a result, this Court will of its own motion, direct the parties to brief the issue of
whether or not the Defendant is entitled to a jury trial in this matter. The Defendant
will be allowed up to and including October 16, 2017 to file a brief of no more than
8 pages in length setting forth any authority of the Defendant that the Defendant is
entitled to such a jury trial in this matter. The Plaintiff, United States of America,
will be allowed up to and including October 23, 2017 to respond to the Defendant’s
brief. The response shall be no more than 8 pages.
WHEREFORE IT IS THE ORDER OF THE COURT upon the Court’s
own motion, that the Defendant shall file a brief as set forth herein regarding the
issue as to whether or not the Defendant is entitled to a jury trial in this matter on or
before October 16, 2017 and the Plaintiff, United States of America shall be allowed
up to and including October 23, 2017 to respond.
Signed: October 5, 2017
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