New Creation Contact Lenses of Par, Inc. v. Continuous Curve Contact Lens, Inc.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is a breach of contract case in which the plaintiffs allege compensatory damages of $220,000.00 and punitive damages of $2,500,000.00. The issue before the Court is whether plaintiffs’ request for a jury trial should be granted even though they admittedly did not make timely demand for one as required by Rule 38(b) of the Federal Rules of Civil Procedure.

The complaint was filed on January 5, 1983, consisting of 13 pages. There was not a request for a jury contained in the complaint. On February 28, 1983, the defendants filed their…