Knutson v. Fidelity National Management Services, LLC

Filing 41

ORDER - The defendant's motion to change trial location, (Filing No. 34 ), is granted. This case is transferred to the Omaha trial docket. Unless otherwise instructed or required by the Clerk or court policy, the judicial assignment for this ca se need not change. The plaintiff's motion to stay, (Filing No. 37 ), is granted in part and denied in part as follows:a. As to any matters which require involvement by the plaintiff himself, and as to any depositions, this case is stayed f or three months.b. All other matters, including such things as asserting objections to the defendant's discovery served on the plaintiff, responding to the plaintiff's written discovery, or pursuing third-party written discovery, are no t stayed.c. Any objections to defendant's written discovery shall be served on or before April 16, 2013. The failure to timely raise objections will be considered a waiver of those objections. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RYAN KNUTSON,
Plaintiff,

4:12CV3167

vs.
MEMORANDUM AND ORDER
FIDELITY NATIONAL MANAGEMENT
SERVICES, LLC, doing business in
Nebraska as;
Defendant.
The defendant has moved to transfer this case to the Omaha trial docket. (Filing
No. 34). Based on the defendant’s evidence, the plaintiff is from Omaha, the defendant’s
business is located in Omaha, and the witnesses are from Omaha. Plaintiff’s counsel is
from Lincoln, but the plaintiff requested an Omaha trial location.

Plaintiff has not

responded to the defendant’s motion to transfer to Omaha. The motion to change the trial
location to Omaha will be granted.
The plaintiff has moved to stay this case for six months because he is currently
under psychological treatment and is incapable of assisting Plaintiff’s counsel in the
prosecution of his case. (Filing No. 37). The defendant objects to staying the case,
primarily because it believes the requested stay is overbroad.

Specifically, defense

counsel argues that based on the evidence, a three-month stay may be sufficient, and any
discovery or case progression that can occur without the plaintiff’s personal involvement
should not be stayed at all. Defense counsel’s argument is persuasive.
Accordingly,
IT IS ORDERED:
1)

The defendant’s motion to change trial location, (Filing No. 34), is granted.

This case is transferred to the Omaha trial docket.

Unless otherwise instructed or

required by the Clerk or court policy, the judicial assignment for this case need not
change.

2)

The plaintiff’s motion to stay, (Filing No. 37), is granted in part and denied

in part as follows:
a.

As to any matters which require involvement by the plaintiff himself, and
as to any depositions, this case is stayed for three months.

b.

All other matters, including such things as asserting objections to the
defendant’s discovery served on the plaintiff, responding to the plaintiff’s
written discovery, or pursuing third-party written discovery, are not stayed.

c.

Any objections to defendant’s written discovery shall be served on or
before April 16, 2013. The failure to timely raise objections will be
considered a waiver of those objections.

April 3, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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