Rusch v. Midwest Industries Inc et al When final judgment is entered see orders at #40 and #49, No. 5:2010cv04110 - Document 72 (N.D. Iowa 2012)

Court Description: MEMORANDUM AND OPINION ORDER: Plaintiff's ERISA claim will not be submitted to the jury, and any reference to retirement benefits or ERISA will not be included in any instructions or interrogatories submitted to the jury: This Court will take up Plaintiff's ERISA claim after a jury verdict is received as to Plaintiff's other claims. Signed by Senior Judge Donald E O'Brien on 07/13/12. (kfs)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION DONALD C. RUSCH, Plaintiff, No. 10-CV-4110-DEO v. Memorandum and Opinion Order MIDWEST INDUSTRIES INC., et. al., Defendants. ____________________ On July 11, 2012, Plaintiff and Defendant filed Joint Proposed Preliminary and Final Jury Instructions. 64. Within those Proposed Instructions, Docket No. Plaintiff and Defendants disagree as to whether Plaintiff is entitled to a jury trial in relation to his ERISA claim. After careful consideration of the case law cited by both parties, this Court is persuaded that Plaintiff is not entitled to a jury trial on his ERISA claim. The Eighth Circuit has squarely ruled that claims for present and future benefits under a retirement plan, as well as other equitable relief, should properly be tried by the court. . . . In Re Vorpahl, 695 F.2d 318, 322 (8th Cir. 1982); see also Howe v. Varity Corporation, 36 F.3d 746, 751, fn 2 (8th Cir. 1994). Therefore, Plaintiff s ERISA claim will not be submitted to the jury, and any reference to retirement benefits or ERISA will not be included in any instructions or interrogatories submitted to the jury. This Court will take up Plaintiff s ERISA claim after a jury verdict is received as to Plaintiff s other claims. IT IS SO ORDERED this 13th day of July, 2012. __________________________________ Donald E. O Brien, Senior Judge United States District Court Northern District of Iowa 2

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