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FREEBORN v. MAK

No. 4:03-CV-90145.

270 F.Supp.2d 1064 (2003)

Jerry FREEBORN and Somaly Chack, Plaintiffs, v. Ly MAK and Des Moines Independent School District, Defendants.

United States District Court, S.D. Iowa, Central Division.

July 10, 2003.

Attorney(s) appearing for the Case

Robert A. Wright, Jr., Esq., Des Moines, IA, for Plaintiffs.

Andrew J. Bracken, Esq., and Nathan J. Overberg, Esq., Des Moines, IA, for Defendants.

ORDER ON MOTION TO STRIKE JURY DEMAND

PRATT, District Judge.

Before the Court is Defendants' Motion to Strike Plaintiffs' Untimely Jury Demand. Plaintiffs have resisted the Motion and ask the Court to allow their case to proceed as a jury trial in spite of a belatedly filed Jury Demand. For the reasons set forth below, Defendants' Motion is overruled.

I. BACKGROUND

A. Plaintiffs' Claim

Plaintiffs and co-workers Jerry Freeman and...

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