Sandahl Farms v. The Farm Service Agency, et al

Filing 11

ORDER - that Plaintiff's request for an Omaha trial location, (Filing No. 3 ), is deemed timely filed, and this case shall be assigned to an Omaha trial location. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SANDAHL FARMS,
Plaintiff,

4:17CV3122

vs.
ORDER
THE FARM SERVICE AGENCY, of the
United States Department of
Agriculture; UNITED STATES
DEPARTMENT OF AGRICULTURE,
and SONNY PERDUE, in his capacity
as Secretary of the United States
Department of Agriculture;
Defendants.
Plaintiff has filed an action for judicial review of a determination made by
the National Appeals Division of the United States Department of Agriculture.
The determination at issue was entered following an End-of-Year Review of
Plaintiff Sandahl Farms for the 2010 program year. Sandahl Farms is a familyowned farming operation located in northeast Nebraska. (Filing No. 1-1).

Plaintiff’s complaint did not immediately request a trial location. The case
was assigned to Lincoln by the Clerk. Six days later, Plaintiff requested an
Omaha trial location. (Filing No. 3).

Under the circumstances presented, the court will deem the belated
request for an Omaha trial location as timely filed and will reassign the case to
Omaha. Defendants have been served, but they have not yet filed a response to
the complaint. The court further notes it is unlikely the relief requested—judicial
review of an agency decision—will be the subject of a trial in any courtroom. And

even if that occurs, the subject of this litigation (a farm in northeast Nebraska)
and the witnesses to that farming operation, are likely closer to Omaha than
Lincoln. Thus, it does not appear Plaintiff’s request for an Omaha trial location
was filed as a means of forum- or judge-shopping.

While the court has cited facts in the current record which support
Plaintiff’s belated request for an Omaha trial location, nothing in this order
precludes the government from moving to change the location of trial to Lincoln
or North Platte in accordance with this court’s local rules if the government
deems such a motion is warranted.

IT IS ORDERED that Plaintiff’s request for an Omaha trial location, (Filing
No. 3), is deemed timely filed, and this case shall be assigned to an Omaha trial
location.

November 9, 2017.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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