Buel, Inc. v. United States of America

Filing 14

ORDER that Plaintiff's jury demand within its Complaint 1 is GRANTED in part and DENIED in part. Plaintiff shall receive a jury trial for all claims except its claim for equitable recoupment; Plaintiff shall receive a bench trial for that claim. Accordingly, the Court STRIKES Plaintiff's jury demand as to its claim for equitable recoupment. Signed by Magistrate Judge Dennis Howell on 03/08/18. (emw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:17 cv 271 BUEL, INC., ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ___________________________________ ) ORDER This matter is before the Court after the Court asked the parties to brief the issue of whether Plaintiff is entitled to a jury trial [# 11]. After reviewing the briefs, the Court has determined that Plaintiff is entitled to a jury trial on all claims except its claim for equitable recoupment. See 28 U.S.C. § 1346(a)(1); Fed. R. Civ. P. 38(a); cf. Granfinanciera, S.A. v. Nordberg, 492 U.S. 33, 41–49 (1989). Therefore, the Court ORDERS that Plaintiff’s jury demand within its Complaint [# 1] is GRANTED in part and DENIED in part. Plaintiff shall receive a jury trial for all claims except its claim for equitable recoupment; Plaintiff shall receive a bench trial for that claim. Accordingly, the Court STRIKES Plaintiff’s jury demand as to its claim for equitable recoupment. Signed: March 8, 2018

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