Powell v. Union Pacific Railroad Company

Filing 12

ORDER granting 7 Motion to Change Place of Trial to the North Platte Division. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

- C R Z Powell v. Union Pacific Railroad Company

D o c . 12

IN THE UNITED STATES DISTRICT COURT FO R THE DISTRICT OF NEBRASKA LEV I L. POWELL, Plaintiff, v. U N IO N PACIFIC RAILROAD C O M PA N Y , a Delaware corporation, Defendant. ) ) ) ) ) ) ) ) ) )

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M E M O R A N D U M AND ORDER

T he defendant has moved to change the place of trial to North Platte, Nebraska. Filing N o. 7). The plaintiff does not oppose the defendant's motion. Filing No. 11.

Base d on the evidence of record, plaintiff's accident occurred near Gibbon, Nebraska, and the plaintiff resides near Hershey, Nebraska, both of which are much nearer to North Platte th an Lincoln, Nebraska; the individuals with knowledge relevant to plaintiff's liability claims are located in or near North Platte or Kearney, Nebraska; plaintiff received medical care from providers located in North Platte and Ogallala , Nebraska; and a companion federal case arising from the same accident is already pending on the North Platte trial docket.

For the convenience of the parties and the witnesses, (NECivR 40.1(b)(1)), IT IS ORDERED: 1) 2) Th e defendant's motion to change the place of trial, (filing no. 7), is granted. T rial of this case will be held in North Platte, Nebraska.

DA TE D this 27 th day of July, 2010. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge

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