Gonzalez v. Eagle Parts & Products et al

Filing 7

ORDER regarding 4 Motion to Change Place of Trial by Magistrate Judge Thomas D. Thalken. The defendants shall have until August 24, 2006, to file a response to the plaintiff's objection. (JAE, )

Gonzalez v. Eagle Parts & Products et al

Doc. 7

Case: 8:06-cv-00537-JFB-TDT

Document #: 7

Date Filed: 08/11/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JULIUS GONZALEZ, Plaintiff, vs. EAGLE PARTS & PRODUCTS and HOME DEPOT U.S.A., INC., Defendants. ) ) ) ) ) ) ) ) ) )

8:06CV537 ORDER

This matter is before the court on the plaintiff's Objections to Defendant's Request for Trial in Lincoln, Nebraska (Filing No. 4). Nebraska local rule, NECivR 40.1(b) provides: The . . . removing party at the time of filing a petition for removal shall make written request for trial of the case at Omaha, Lincoln, or North Platte. . . . [T]he plaintiff in a removed action within ten (10) days after service of the notice of removal, may file a written request for trial at Omaha, Lincoln, or North Platte. If the request is for a place different from that requested by the . . . removing party, it must be accompanied by a supporting affidavit. NECivR 40.1(b). The defendant filed the notice of removal on August 8, 2006. See Filing No. 1. The defendant also made a written request for place of trial to be Lincoln, Nebraska. See Filing No. 3. However, before the notice of place of trial was filed, the case was calendared for trial in Omaha "in the city where the clerk's office receiving the case for filing is located." See NECivR 40.1(c). Accordingly, IT IS ORDERED: The defendants shall have until August 24, 2006, to file a response to the plaintiff's objection. DATED this 11th day of August, 2006. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge

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