Lund v. Matthews et al

Filing 19

ORDER that the defendants shall have to on or before November 20, 2013, to file a motion requesting a change in the place of trial for this matter. Otherwise, the case will remain designated for trial in Omaha, Nebraska. The plaintiff shall have to on or before December 4, 2013, to file a response. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

ALEXANDER LUND,
Plaintiff,
vs.
MICHAEL MATTHEWS, M.D.,
SIDNEY MEDICAL ASSOCIATES,
and CHEYENNE COUNTY
HOSPITAL ASSOCIATION, INC.,

8:13CV144
ORDER

Defendants.
This matter is before the court upon notification that the parties disagree about
the appropriate location for trial. The plaintiff initially designated Omaha as the place of
trial in the complaint. See Filing No. 1 p. 9. The defendants Michael Matthews, M.D.,
and Cheyenne County Hospital Association, Inc. made a request for place of trial in
North Platte, Nebraska, as part of their Answer. See Filing No. 8 p. 3. This case is
currently designated for trial in Omaha, Nebraska, based upon the plaintiff’s request.
See NECivR 40.1(c).
Pursuant to the local rules:
The plaintiff at the time of filing a complaint in a civil action
. . . must request in writing trial in Omaha, Lincoln, or North
Platte. Each defendant . . . at the time of filing that
defendant’s first pleading in a civil action . . . may file a
written request for trial at Omaha, Lincoln, or North Platte. A
request for a place different from that requested by the
plaintiff . . . must be filed as a motion. Any other party then
has 14 days to respond.
NECivR 40.1(b) (emphasis added).
The defendants did not file the request as a motion. Under the circumstances,
the court will allow the defendants an opportunity to file a motion requesting a different
location for trial, with a brief and any necessary evidence as required pursuant to
NECivR 7.1. Accordingly,

IT IS ORDERED:
1.

The defendants shall have to on or before November 20, 2013, to file a

motion requesting a change in the place of trial for this matter. Otherwise, the case will
remain designated for trial in Omaha, Nebraska.
2.

The plaintiff shall have to on or before December 4, 2013, to file a

response.
Dated this 14th day of November, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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