Equal Employment Opportunity Commission v. Thomas J. Lipton, Inc.

OPINION

SAROKIN, District Judge.

In its amended complaint, plaintiff has made a demand for a jury trial, pursuant to Fed.R.Civ.P. 38. Defendant, arguing that the EEOC is not entitled to a jury trial in suits filed by it under the ADEA, moves to strike that demand. Plaintiff defends its right to a trial by jury on two grounds. First, defendant’s motion to strike the demand has not been timely made; and, second, the right of the EEOC to a trial by jury is guaranteed by statute.

TIMELINESS OF DEFENDANT’S MOTION

Rule 39(a) of the Federal Rules of Civil Procedure provides that(a) When trial by jury…