Dr. Monica A. Price v. Durham Public Schools

Summary

The document is a Memorandum Opinion and Recommendation addressing Plaintiff Dr. Monica A. Price’s untimely request for a jury trial in an employment discrimination action against Durham Public Schools. The magistrate judge recommends denying the request under Federal Rule of Civil Procedure 39(b), concluding that the relevant factors favor maintaining the scheduled bench trial.

Holdings

1. The court recommended denying Plaintiff's motion for a jury trial because she waived her right by failing to make a timely demand and the circumstances did not warrant discretionary relief under Rule 39(b).

Questions Presented

1. Whether the court should exercise its discretion under Federal Rule of Civil Procedure 39(b) to order a jury trial after Plaintiff waived her jury-trial right by failing to make a timely demand.
2. Whether the Malbon factors favored relieving Plaintiff from her waiver and rescinding the notice setting the case for a bench trial.

Disposition

other