Gonzalez v. M/V Destiny Panama

ORDER

JORDAN, District Judge.

As set forth below, the defendants’ motion to strike the plaintiffs’ jury demand [D.E. 40] is DENIED.

The defendants maintain that the plaintiffs’ jury demand must give way because the plaintiffs have elected to proceed under Rule 9(h) of the Federal Rules of Civil Procedure and the Court’s admiralty jurisdiction. The plaintiffs respond by arguing that they are entitled to a jury trial by virtue of their Jones Act claim, and alternatively move for leave to amend their complaint to delete the Rule 9(h) election and add a statement expressly invoking federal question…