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Randolph v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


September 21, 2010

LYNN RANDOLPH AND KENNETH RANDOLPH, PLAINTIFFS,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Magistrate Judge Cathy Bissoon

MEMORANDUM ORDER

Pending before the Court is Defendant United States of America's Motion to Strike Jury Demand (Doc. 4). Plaintiffs Lynn Randolph and Kenneth Randolph were given an opportunity to respond to Defendant's Motion to Strike, but did not file a response.

Plaintiffs bring this action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 ("FTCA"). This Court has jurisdiction over FTCA actions pursuant to 28 U.S.C. § 1346(b)(1).

See CAN v. United States, 535 F.3d 132, 140-41 (3d Cir. 2008). Actions under 28 U.S.C. § 1346(b)(1) must be tried by the court without a jury. 28 U.S.C. § 2402; see also United States v. Neustadt, 366 U.S. 696, 701 n.10 (1961) ("There is no right to a jury trial under the Tort Claims Act.").

For the reasons stated above, the Court hereby ORDERS that Defendant United States of America's Motion to Strike Jury Demand (Doc. 4) is GRANTED.

IT IS SO ORDERED.

Cathy Bissoon U.S. Magistrate Judge

20100921

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