Doss v. K2 M/V et al, No. 2:2015cv01539 - Document 60 (E.D. La. 2017)
Court Description: ORDER & REASONS granting 51 Motion to Strike Jury Demand. Signed by Judge Sarah S. Vance on 1/10/2017. (mmm)
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Doss v. K2 M/V et al Doc. 60 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DONALD DOSS CIVIL ACTION VERSUS NO. 15-1539 K2 M/ V, ET AL. SECTION “R” (5) ORD ER AN D REASON S Defendants Associated Term inals, Inc. and the M/ V K2 in rem , move to strike plaintiff Donald Doss’ jury dem and. 1 Doss has not opposed the m otion. In his complaint, Doss invokes the Court’s adm iralty jurisdiction. 2 The com plaint asserts no other basis for jurisdiction. A J ones Act seam an is entitled to trial by jury. See 46 U.S.C. § 30 10 4 (“A seam an injured in the course of em ploym ent or, if the seam an dies from the injury, the personal representative of the seam an m ay elect to bring a civil action at law, w ith the right of trial by jury , against the em ployer.”) (em phasis added). But a plaintiff bringing only non-J ones Act adm iralty 1 R. Doc. 51. R. Doc. 1 at 1 (“This case is cognizable under Adm iralty and Maritim e jurisdiction, pursuant to an Act of Congress, known as the Merchant Marine Act, approved by Congress on J une 5, 1920 , Section 33, com m only referred to as the J ones Act (46 U.S.C.A. Section 688), and pursuant to the general Maritim e Laws of the United States of Am erica, as hereinafter m ore fully appears.”). 2 Dockets.Justia.com claim s enjoys no corresponding right. Luera v. M/ V Alberta, 635 F.3d 181, 188 (5th Cir. 20 11) (“[T]here is no right to a jury trial where the complaint contains a statement identifying the claim as an adm iralty or m aritim e claim .”). Because the Court has dism issed Doss’ J ones Act claim , 3 and only claim s sounding in adm iralty rem ain, Doss’ jury dem and is properly struck. See Durden v. Exxon Corp., 80 3 F.2d 845, 850 (5th Cir. 1986) (following dism issal of J ones Act claim , “[t]he district court properly dism issed the jury because the suit alleged adm iralty jurisdiction, and properly shouldered the burden of deciding the factual dispute”). Accordingly, defendants’ m otion to strike Doss’ jury dem and is GRANTED. New Orleans, Louisiana, this _ 10th _ day of J anuary, 20 17. ___ _____________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE 3 R. Doc. 41; R. Doc. 56. 2
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