Avne Systems, Ltd. v. Marketsource Corp.

MEMORANDUM ORDER

RAKOFF, District Judge.

This action was commenced in the Supreme Court of New York on October 4,1999 *57and timely removed by defendant to this Court on November 10, 1999. Defendant served its answer by mail on November 16, 1999. Plaintiff did not formally demand a jury trial until the initial pretrial conference on December 21, 1999. At the conference, defendant objected to plaintiffs jury demand on the ground that it had been waived. See Fed.R.Civ.P. 38, 81(c).

Upon review of the parties’ submissions, the Court, in its discretion, overrules defendant’s objection and grants…