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Civil Rights: Other | District Of Columbia
Amended Complaint
FIRST AMENDED COMPLAINT against FIRST HAND LAND, LLC, DANIELLE PENNINGTON filed by PATRICIA LEE SWEENEY.(znmw)
Order on Motion to Strike
MINUTE ORDER: The Court DENIES AS MOOT Plaintiff's 49 motion to strike jury demand. It is true, as a general matter, that where "the only relief sought is equitable, such as an injunction neither the party seeking that relief nor the party opposing it is entitled to a jury trial." Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 2015 WL 13691542, at *3 (D.D.C. Feb. 3, 2015) (quoting Marseilles Hydro Power, LLC v. Marseilles Land & Water Co., 299 F.3d 643, 648 (7th Cir. 2002)). But all the same, based on the undersigned's review of the docket, there is no valid jury demand at issue for the Court to strike. No party made a jury demand in this Court pursuant to Fed. R. Civ. P. 38, and no party made a jury demand in D.C. Superior Court prior to removal as contemplated by Fed. R. Civ. P. 81(c)(3)(A). To the extent Plaintiff's motion is directed at the Civil Cover Sheet accompanying the Notice of Removal (ECF No. 1-1), that form does not itself operate as a mechanism to demand a jury. Rather, the "Jury Demand" section of the form is simply asking about the existence of any prior jury demand in the underlying complaint being removed to federal court, and the underlying complaint filed in D.C. Superior Court here did not demand a jury; rather, the initial filings in D.C. Superior Court reflect that Plaintiff characterized her case as a non-jury matter. Accordingly, there is no jury demand for the Court to strike. To fully eliminate any potential confusion, however, the Court respectfully directs the Clerk of Court to update the electronic docket to indicate the absence of any existing jury demand in this case. SO ORDERED. Signed by Magistrate Judge Matthew J. Sharbaugh on 07/24/2026. (lcrs)
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