Priest v. Rhodes

ORDER

ORMA R. SMITH, District Judge.

This action is before the court on plaintiff’s motion to strike defendant’s written demand for a trial by jury and defendant’s motion for trial by jury by order of the court pursuant to Rule 39(b) F.R.Civ.P.

Defendant’s answer was properly and timely served by mail upon plaintiff on June 2, 1972. The original of the answer was filed with the clerk on June 5, 1972. Defendant served written demand for trial by jury upon plaintiff by mail on June 14, 1972. The original was filed on June 15, 1972.

Rule 5(b) F.R.Civ.P. provides, inter alia, “Service by mail is…