Flagstaff Foodservice Corp. v. Consolidated Foods Corp. (In re Flagstaff Foodservice Corp.)

DECISION ON DEFENDANTS’ MOTION • TO STRIKE PLAINTIFFS’ JURY DEMAND

PRUDENCE B. ABRAM, Bankruptcy Judge.

The defendants in this adversary proceeding have moved to strike plaintiffs’ demand for a jury trial as untimely. Plaintiffs have urged in their cross-motion that this Court grant their request, if untimely, as a matter of discretion. For the reasons discussed below, the Court has determined that it should not strike the jury trial demand and should exercise its discretion to permit the late demand.

The facts are as follows: On September 1, 1981 this adversary proceeding was commenced by the…