Gamboa v. Medical College of Hampton Roads

MEMORANDUM OPINION AND ORDER

JACKSON, District Judge.

INTRODUCTION

This case presents the issue of whether amending a complaint to change the defendant revives the plaintiffs right to a jury trial. The matter stems from an untimely jury demand by the plaintiff. For the reasons stated below, the Court finds that plaintiff has waived her right to a jury. Furthermore, her request that the Court exercise its discretion to grant a jury trial despite her untimely demand is DENIED.

I. FACTS

On September 15, 1994, Mary Anne Gamboa sued the Medical College of Hampton Roads Foundation (“the Foundation”) in…