Winchester Industries, Inc. v. Sentry Insurance

RULING ON MOTION TO STRIKE PLAINTIFFS’ JURY DEMAND

JANET BOND ARTERTON, District Judge.

Defendant Sentry Insurance (“Sentry”) moves to strike the jury demand asserted by Plaintiffs Winchester Industries, Inc. (“Winchester”) and John Devanney on the grounds that is untimely under Federal Rule of Civil Procedure 38. As explained below, because the Court concludes that exercising its Rule 39(b) discretion to grant a jury trial is warranted under the circumstances of this case, Sentry’s motion is denied.

I. Background

Plaintiffs filed a two-count amended complaint on June 2, 2007, naming two…