Opinion
CIVIL ACTION NO: 07-7705, SECTION: R(2).
May 22, 2009
ORDER
Before the Court is defendant Cenac Towing Co., Inc's Motion to Strike Jury Demand. (R. Doc. 52.) On 2 April 2009, the Court dismissed Billiot's Jones Act negligence and unseaworthiness claims. ( See R. Doc. 51.) Jurisdiction over Billiot's remaining claim for maintenance and cure is based upon the general maritime law. Fitzgerald v, U.S. Lines Co., 374 U.S. 16, 17 (1963). "This being so, there is no right to a trial by jury." Russell v. Atlantic Gulf Stevedores, 625 F.2d 71, 72 (5th Cir. 1980); Dufrene v. Pride Oil Well Service, No. 88-3999, 1990 WL 86677, at *1 (E.D.La. June 20, 1990) ("Because maritime claims brought pursuant to the court's admiralty jurisdiction are not triable to a jury, the dismissal of plaintiffs' Jones Act claim terminated plaintiffs' right to a jury trial."). The Court orders Billiot's jury demand struck. See Verdin v. C B Boat Co., Inc., 860 F.2d 150, 153 (5th Cir. 1988).