Legal Opinion

Benz v. Skiba, Skiba & Glomski

District Court, D. Maine

Decided November 7, 1995No. Civil No. 94-336-P-HPublishedCited by 7 opinions

1Opinion of the Court

ORDER ON OBJECTION TO REMOVAL OF CASE FROM JURY TRIAL LIST

HORNBY, District Judge.

After default was entered against both the defendants in this action, I directed the Clerk’s Office to remove .the case from the jury list and inquire whether the plaintiff wished to establish her damages by affidavit or evidentiary hearing as a basis for a default judgment. Fed.R.Civ.P. 55(b)(2). The plaintiff objected to removal of the case from the jury list, arguing that she is entitled to a jury trial even after default, both by statute and by constitutional principles. I conclude that she is not entitled to…

2Cases cited16 opinions

  1. Michele E. Shepherd and Larue Graves v. American Broadcasting Companies, Inc.Court of Appeals for the D.C. Circuit · 1995
  2. Bass v. HoaglandCourt of Appeals for the Fifth Circuit · 1949
  3. Robert J. Gill v. Julius Stolow and Harry Stolow, Copartners, Doing Business Under the Firm Name and Style of J. & H. StolowCourt of Appeals for the Second Circuit · 1957
  4. Eugene Eisler and Elizabeth Eisler v. Nathan StritzlerCourt of Appeals for the First Circuit · 1976
  5. John R. Henry, Jr. v. Amalie Sneiders, and Amalie Sneiders, as Personal Representative of the Estateof Maksis Sneiders, Deceased, Defedant-AppellantCourt of Appeals for the Ninth Circuit · 1974

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3Cited by7 opinions

  1. Haines v. Comfort Keepers, Inc.Alaska Supreme Court · 2017
  2. Clarke v. WhitneyDistrict Court, E.D. Pennsylvania · 1997
  3. Pena v. Gonzalez (Pena)Bankruptcy Appellate Panel of the First Circuit · 2008
  4. Ivey v. ES2, LLC (In re ES2 Sports & Leisure, LLC)United States Bankruptcy Court, M.D. North Carolina · 2015
  5. American Clothing Express, Inc. v. CloudFlare, Inc.District Court, W.D. Tennessee · 2025

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