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)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 cv 271
BUEL, INC.,
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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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___________________________________ )
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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