Garst v. Omaha Outlets, L.L.C.

Filing 13

ORDER denying 9 Defendant's Motion to Change Venue. The trial of this case will be held in Lincoln, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARJORIE GARST,
Plaintiff,

4:17CV3145

vs.
ORDER
OMAHA OUTLETS, L.L.C.,
Defendant.
Plaintiff’s complaint requested a Lincoln, Nebraska trial location. Defendant
has moved to change the trial location to Omaha, Nebraska. (Filing No. 9). For
the reasons discussed below, the motion will be denied, and this case will be
tried in Lincoln, Nebraska.
Under the court’s local rules, when deciding the place of trial “the judge
shall consider the convenience of litigants, witnesses and counsel,” NECivR.
40.1(b)(1), with the convenience of the litigants and witnesses generally afforded
greater weight than the convenience of counsel. Bank of Beaver City v.
Southwest Feeders, L.L.C., No. 4:10CV3209, 2011 WL 116863, at *1 (D. Neb.
Jan. 13, 2011).

The incident at issue occurred at the Nebraska Crossing Outlet Mall near
Gretna, Nebraska, which is located 36 miles from the Lincoln federal courthouse
and 24 miles from the Omaha courthouse. As to Defendant, its principals,
registered agent, and counsel are all located in Omaha. Plaintiff, an eye witness
to the accident, and Plaintiff’s treating physicians all live and work in Central
Kansas, within a 2- or 3-hour drive from Lincoln and a 3- or 4-hour drive from

Omaha. In fact, Plaintiff, her witnesses, and her counsel would likely need to
drive through or past Lincoln on Interstate 80 to get to an Omaha trial location.

Having considered the convenience of the litigants, witnesses, and counsel
as supported by the evidence of record, the court finds that, on balance, Lincoln
is more centrally located for the parties and witnesses as a whole, and Lincoln is
the proper location for the trial of this case.
Accordingly,
IT IS ORDERED:
1)

The motion to change the trial location, (Filing No. 9), is denied.

2)

The trial of this case will be held in Lincoln, Nebraska.

December 5, 2017.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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