Larchick v. Bautista et al

Filing 37

ORDER - The Motion to Transfer Place of Trial (Filing No. 32 ) is granted. The Clerk of Court shall amend the docket sheet to reflect the place of trial is North Platte, Nebraska. Ordered by Magistrate Judge Michael D. Nelson. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NOAH A. LARCHICK,
Plaintiff,
vs.
4:18CV3019
ESTEBAN D. BAUTISTA,
SWIFT TRANSPORTATION CO. OF
ARIZONA, LLC, a Delaware limited liability
company;
KNIGHT-SWIFT TRANSPORTATION
HOLDINGS, INC., a Delaware corporation;
and
CASH-WA DISTRIBUTING CO. OF
KEARNEY, INC.,

ORDER

Defendants.
This matter is before the Court on the Motion to Transfer Place of Trial (Filing No. 32)
filed by defendants Swift Transportation Co. of Arizona, LLC, Knight-Swift Transportation
Holdings, Inc., and Esteban D. Bautista, requesting that the Court move the place of trial from
Lincoln to North Platte. Plaintiff filed a response (Filing No. 36) stating he does not oppose the
motion because he resides in North Platte, so ultimately conducting the trial in North Platte
would be more convenient for him. Defendant, Cash-Wa Distributing Co. of Kearney, Inc., did
not file a response to the motion. See NECivR 7.1(b).
In deciding the place of trial, “a judge considers the convenience of the litigants,
witnesses, and attorneys.” NECivR 40.1(b)(1). The party seeking to change the place of trial
within this district bears the burden of establishing that the transfer should be granted. See
NECivR 40.1(b). The record reflects that Plaintiff and the moving defendants’ counsel reside in
North Platte; the accident that is the subject of this lawsuit occurred in Lincoln County, Nebraska
(which is where North Platte is located); and many of the material witnesses (including law
enforcement and responding medical personnel) are from North Platte. (Filing No. 33; Filing
No. 34). After reviewing the materials submitted by the moving defendants, and with due
consideration of all factors pursuant to NECivR 40.1(b)(2), the Court finds that the place of trial
should be moved to North Platte, Nebraska. Accordingly,

IT IS ORDERED: The Motion to Transfer Place of Trial (Filing No. 32) is granted.
The Clerk of Court shall amend the docket sheet to reflect the place of trial is North Platte,
Nebraska.

Dated this 25th day of July, 2018.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge