TROUTMAN v. DAYBROOK FISHERIES INC., (E.D.La. 2002)

BARBIER, United States District Judge:

IT IS ORDERED that Defendant's jury demand in this matter is hereby stricken. While Plaintiff originally made a jury demand, Plaintiff subsequently filed an amended complaint, prior to Defendant answering, and designated the action as one in admiralty pursuant to Rule 9(h) and requested a non-jury trial. Thereafter, Defendant answered and demanded a jury.

However, counsel for Defendant conceded in open court, during a hearing on Defendant's motion for summary judgment held on this date, that a defendant has no right to demand a jury trial in Jones Act cases. See Rachal v. Ingram Corporation, 795 F.2d 1210, 1215-17 (5th Cir. 1986) ("the Jones Act gives only the seaman-plaintiff the right to choose a jury trial").

Accordingly;

Defendant's demand for a jury trial is hereby stricken. A bench trial is set to commence on April 8, 2002.