Garno v. Sunstone St. Charles, LLC, et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SUSAN GARNO 	CIVIL ACTION
VERSUS 	NO. 25-1977
SUNSTONE ST. CHARLES, LLC, ET
AL.
SECTION “R” (3)
ORDER AND REASONS
Before the Court is defendants’ motion for a jury trial. 1 	Defendants
assert that the parties agreed to have this matter tried before a jury at the
January 27, 2026 telephone scheduling conference.
Federal Rule of Civil Procedure 38(b) requires a party seeking a jury
trial on a given issue to serve “the other parties with a written demand—
which may be included in a pleading—no later than 14 days after the last
pleading directed to the issue is served.” Fed. R. Civ. P. 38(b). This did not
occur here. But, under Federal Rule of Civil Procedure 39(b), “the court may,
on motion, order a jury on any issue for which a jury might have been
demanded.” 	Fed. R. Civ. P. 39(b). 	The Fifth Circuit has made clear that
district courts “should grant a jury trial in the absence of strong and
compelling reasons to the contrary.” 	Daniel Int’l Corp. v. Fischbach &
1 	R. Doc. 11.
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Moore, Inc., 916 F.2d 1061, 1064 (5th Cir. 1990). Courts should look to the
following five factors in considering whether to exercise discretion under
Rule 39(b):
(1) whether the case involves issues which are best tried by a jury;
(2) whether granting the motion would result in a disruption of the
court’s schedule or that of an adverse party;
(3) the degree of prejudice to the adverse party;
(4) the length of the delay in having requested a jury trial; and
(5) the reason for the movant’s tardiness in requesting a jury trial.
Id. The Court finds the facts lean in favor of granting a jury trial. There are
no strong and compelling reasons to deny this request. Allowing a jury trial
will not disrupt the court’s schedule, nor result in any delay. 	And, as the
parties state that they agreed to a jury trial, there is no prejudice to the
adverse party.
Accordingly, defendants’ request for a jury trial is GRANTED.
New Orleans, Louisiana, this ____ day of January, 2026.
_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
29th
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