Donovan v. TOWN OF EDGARTOWN, MASS.

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR RECONSIDERATION

STEARNS, District Judge.

The motion to reconsider is DENIED. 1 Defendants miss the point entirely. Federal Rule of Civil Procedure 71.1(k) addresses one issue: whether a federal court in a diversity condemnation case is required to honor a State’s decision to have compensation fixed by a jury. (It is open to a State to consign the decision to a commission instead). If the jury right is conferred, a federal court must respect it. Rule 71.1(k) says nothing that could be construed as binding a federal court to apply a State’s…