Edmondson v. Wertz et al

Filing 11

MEMORANDUM AND ORDER that the plaintiff's motion to change the place of trial, (filing no. 6 ), is granted, and the trial of this case will be held in North Platte, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )

E d m o n d s o n v. Wertz et al

D o c . 11

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA R O Y EDMONDSON, P l a in tif f , v. R O N A L D WERTZ, et. al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

4:10CV3089

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

T h is case was removed to federal court from the District Court of Hitchcock County, N e b ra sk a and at defendants' request, was placed on the Lincoln trial docket. The plaintiff h a s moved to transfer this case to the North Platte docket for trial. Filing No. 6. The d e f en d a n ts did not respond to plaintiff's motion, the deadline for response has passed.

P u r s u a n t to NECivR 40.1(b)(1), in deciding the place of trial, "a judge considers the c o n v e n ie n c e of the litigants, witnesses, and attorneys." Based on the representations in the p la in tif f 's motion, all the parties and witnesses reside in Hitchcock County, Nebraska; and H itc h c o c k County is 77 miles from North Platte, and nearly 250 miles from Lincoln.

Although defense counsel has an office in Lincoln, Nebraska, the inconvenience to p a rtie s and witnesses traveling to Lincoln for trial, and the court's concern with potential trial d e la ys while awaiting the arrival of distant parties and witnesses, outweighs any in c o n v e n ie n c e to defense counsel in trying this case in North Platte. Accordingly,

IT IS ORDERED that the plaintiff's motion to change the place of trial, (filing no. 6), is granted, and the trial of this case will be held in North Platte, Nebraska.

Ju ly 1, 2010.

s/ Cheryl R. Zwart U n ite d States Magistrate Judge

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