Rawe v. Life Insurance Company of North America

Filing 10

SCHEDULING ORDER regarding Jury Demand and Designation of Place of Trial 9 filed by J. Denis Rawe. Pursuant to NECivR 40.1(b), plaintiff is given until and including 9/30/2008 to file a Motion to Change Place of Trial, together with any supporting brief, affidavit, and/or evidence regarding the convenience of the litigants, witnesses, and counsel. Case Management Deadline set for 9/30/2008. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA J . DENIS RAWE, P l a i n t i f f, vs. L I F E INSURANCE COMPANY OF N O R T H AMERICA, D efe n d a n t. ) ) ) ) ) ) ) ) ) )

8 :0 8 c v 3 9 3 S C H E D U L I N G ORDER

T h is case was originally filed in the District Court for Lancaster County, Nebraska. D e f en d a n t removed the case to federal court and requested trial in Omaha. Plaintiff su b seq u en tly filed a jury demand and requested that trial be held in Lincoln. NECivR 4 0 .1 (b ) provides that if a party's request is for a place different from that requested by the re m o v in g party, it must be filed as a motion. I T IS ORDERED: 1 . P la in tif f is given until and including September 30, 2008 to file a Motion to C h a n g e Place of Trial, together with any supporting brief, affidavit, and/or evidence re g a rd in g the convenience of the litigants, witnesses, and counsel. See NECivR 40.1(b)(2). D e f e n d a n t shall respond to plaintiff's Motion to Change Place of Trial within 10 business d a ys of being served with the motion. 2 . If no such motion is timely filed, the court will deem plaintiff's request for trial in Lincoln to be abandoned. D A T E D September 19, 2008. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge