Steinhardt v. Potter

MEMORANDUM AND ORDER

CASTEL, District Judge.

The defendant John E. Potter, Postmaster General of the United States, moves to strike plaintiffs’ jury demand in an action brought against him in his official capacity under the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., (“FMLA”). For the reasons explained below, I conclude that, for the purposes of assessing sovereign immunity, the suit against defendant is a suit against the United States, and that the government has not waived that aspect of sovereign immunity that would permit a FMLA claim against it to be tried before a jury.…