Irvine v. Luckenbach Steamship Co.

CAFFEY, District Judge.

The last pleading (an answer) was served February 13, 1946. The last day for requiring a jury trial (10 days after service *128of the demand) was February 23 (Rule 38 (b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c). The demand was served March 7, which was twelve days late.

I think Rule 39(b), conferring on the court authority to relieve defaults does not, under Rules 5(d) and 38(b) and (d), apply on the facts here. On the contrary, I feel that the right to a jury trial has been-waived.

The delay was twelve days. One of plaintiff’s attorneys was ill…