Van Zandt v. Uniroyal, Inc., Peerless Tire Div.

CURTIN, Chief Judge.

Currently before the court in this personal injury and product liability action is plaintiff’s motion requesting that a jury trial be granted pursuant to Rule 39 of the Federal Rules of Civil Procedure. Defendant opposes the motion.

Under the Federal Rules of Civil Procedure, a demand for a jury trial must be made within 10 days “after the service of the last pleading directed to such issue.” Rule 38(b). Pursuant to Rule 39(b), a district court retains the power to order a trial

by jury despite a party’s failure to make a demand. In this circuit, however, the court’s…