IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
September 22, 2009
CHEVRON CORPORATION AND ACS HR SOLUTIONS, LLC, AS SUBROGEE OF CHEVRON CORPORATION AND THE CHEVRON RETIREMENT PLAN, PLAINTIFFS/COUNTERDEFENDANTS,
CARL H. JOLIFF, DEFENDANT/COUNTERPLAINTIFF.
The opinion of the court was delivered by: J. Phil Gilbert United States District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on the motion (Doc. 22) filed by plaintiffs/ counterdefendants Chevron Corporation and ACS HR Solutions, LLC to strike defendant/ counterplaintiff Carl H. Joliff's jury demand in his amended counterclaim, which asserts claims for breach of fiduciary duty and estoppel under § 502(a)(3)(B) of the Employee Retirement Income Security Act, 29 U.S.C. § 1132(a)(3)(B). Joliff has not responded to the motion to strike. The Court construes Joliff's failure to respond as an admission of the merits of the motion. See Local Rule 7.1(c). Indeed, the motion has merit, for as a general rule there is no right to a jury trial for ERISA claims because the relief requested is equitable in nature. Matthews v. Sears Pension Plan, 144 F.3d 461, 468 (7th Cir. 1998). Accordingly, the Court GRANTS the motion to strike (Doc. 22) and STRIKES the jury demand in Joliff's amended counterclaim (Doc. 19)
IT IS SO ORDERED.
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