Opinion
CIVIL ACTION No. 03-1901 SECTION: I/1
April 7, 2004
ORDER AND REASONS
Defendants, Daybrook Fisheries, Inc., and Westbank Corporation, have filed a motion to strike the plaintiff's jury demand. Plaintiff has not filed an opposition to the motion.
Rec. Doc. No. 28.
Because summary judgment has been granted on the plaintiff's Jones Act claim, the plaintiff's sole remaining claim against the defendants is a claim brought pursuant to 33 U.S.C. § 905(b). "[F]ederal jurisdiction of Section 905(b) claims is based upon general maritime law, 28 U.S.C. § 1333(1) . . . and, accordingly, assertion in federal court of a Section 905(b) claim confers no more right to a jury trial than does any other claim asserted in federal court by reason of its maritime jurisdiction." Bynam v. Patterson Truck Lines, Inc., 655 F.2d 643, 644 (5th Cir. 1981) (other citations omitted). See also Stevenson v. Point Marine, Inc., 697 F. Supp. 285, 288 (E.D. La. 1988). Inasmuch as diversity jurisdiction will not lie because complete diversity is lacking, the only basis for subject matter jurisdiction is admiralty jurisdiction which does not confer the right to trial by jury. Id. Accordingly,
IT IS ORDERED that the defendants' motion to strike the jury demand is GRANTED. Non-jury trial shall be held on May 17, 2004.