Opinion
Civil Action No. 02-1129
March 28, 2003
MINUTE ENTRY
Before the Court is the defendant's Motion for Trial By Jury. Defendant points out that this case is already scheduled as a jury trial, but wishes to preserve its rights to a jury trial out of an abundance of caution. For the following reasons, the motion is DENIED.
The plaintiff, Kenneth Demarco, filed suit in this case under the Jones Act, 46 U.S.C. § 688 and the Savings to Suitors Clause, 28 U.S.C. § 133 (1), for injuries sustained while working on a barge owned by the defendant. in his complaint, the plaintiff prayed for trial by jury. Under the Jones Act, only the plaintiff has the right to choose a jury trial. See Rachal v. Ingram Corp., 795 F.2d 1210, 1212 (5th Cir. 1986). In Rachal, the Fifth Circuit held that a defendant may have an independent basis to preserve a right to jury trial only where this Court has both diversity jurisdiction and the plaintiff has chosen to pursue his claims under the Savings to Suitors Clause. Id. at 1213. The Court further held that in the case of non-diverse parties, the defendant has a right to a jury trial only to the extent that the plaintiff can be precluded from amending his complaint to withdraw his jury demand. Id. at 1214.
According to the plaintiff's complaint, diversity of citizenship is not present in this case. Thus, the defendant's rights to a jury trial exist only because the plaintiff has requested a jury trial. For the foregoing reasons, IT IS ORDERED that the defendant's Motion for Trial by Jury is DENIED.