(1st Cir.2003). Said rule provides in relevant part: (a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—-is preserved to the parties inviolate. (b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand-which may be included in a pleading-no later than 10 days after the last pleading directed to the issue is served; and (2) filing the demand in accordance with Rule 5(d). (c) Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried fact. Lutz, 403 F.3d at 1066. Amended pleadings that do not introduce new issues of fact do not renew a right to jury trial that has been waived. Id. (<HOLDING>); In re Texas Gen. Petroleum Corp., 52 F.3d
recognizing that one of those conditions for a district judge to grant leave to amend the complaint may properly be that claims contained in the original complaint but not included in the amended complaint be considered dismissed with prejudice  holding that the amended complaint could not relate back to the original complaint in which all claims were barred by the statute of limitations holding that a demand for jury trial should be denied if the issues in the original complaint and the amended complaint turn on the same matrix of facts holding that amended complaint related back where the facts alleged in the original complaint clearly put defendants on notice as to the conduct  at issue in this action holding that pleadings could not be amended where no evidence offered during trial was outside the issues in the original complaint