Southern Equipment Co. v. Christensen

BONSAL, District Judge.

Defendants Christensen, Beck, Better Living Building Associates and Edward H. Burdick Associates, Inc. move pursuant to Rule 38(b) and (d) of the Federal Rules of Civil Procedure for an order striking plaintiff’s demand for jury-trial as untimely. The jury demand was served on November 17, 1965, 21 days after service of the last answer to the original complaint but within 10 days of the defendants’ answers to the amended complaint. Unless the amended complaint changed the nature of the action, the jury demand was untimely. Alcoa S. S. Co. v. Ryan, 211 F.2d 576 (2d Cir.…