Opinion
No. 11-2457-SAC.
September 14, 2011
MEMORANDUM AND ORDER
This case comes before the Court on defendant's motion to strike plaintiff's demand for a jury trial. Defendant has filed no opposition. Plaintiff's complaint is brought solely pursuant to § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974, (ERISA), 20 U.S.C. § 1132(a)(1)(B).
The Tenth Circuit has held that the right to a jury trial is not available in actions brought pursuant to § 502(a)(1)(B) of ERISA because such actions are inherently equitable in nature. See Graham v. Hartford Life Accident Ins. Co., 589 F.3d 1345, 1355 (10th Cir. 2009) (concluding that the Seventh Amendment guarantees no right to a jury trial in a § 1132(a)(1)(B) action for benefits), cert. denied, ___ U.S. ___, 130 S.Ct. 3356 (2010), and cases cited therein. Accordingly, given the equitable nature of plaintiff's claim for benefits, she has no right to a jury trial on her § 1132(a)(1)(B) claim. That plaintiff seeks money damages does not alter this conclusion. See Graham, 589 F.3d at 1357, citing Mertens v. Hewitt Assocs., 508 U.S. 248, 255-56 (1993).
IT IS THEREFORE ORDERED that defendant's motion to strike plaintiff's demand for a jury trial (Doc. 4) is granted.