Wickenkamp v. Smith et al

Filing 49

MEMORANDUM AND ORDER - IT IS ORDERED: Defendants' motions to transfer this case to Lincoln, (Filing Nos. 39 and 45 ), are granted. The above-captioned case is transferred to the court's Lincoln trial location. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARY WICKENKAMP,
Plaintiff,

8:13CV262

vs.
MEMORANDUM AND ORDER
CLAY SMITH, et. al;
Defendants.
The defendants have moved to change the place of trial from Omaha to Lincoln. (Filing
Nos. 39 & 45). The plaintiff did not respond to the motions, and the deadline for responding has
passed. The motions are deemed unopposed.
The court “considers the convenience of the litigants, witnesses, and attorneys when
deciding the place of trial.” NECivR 40.1(b)(1). Based on the parties’ submissions, Defendants
Stratman and Smith live and work in Lincoln, Nebraska, and several of the key witnesses reside
in Lincoln, Nebraska.

Defendant Cline Williams is a limited liability partnership with its

principal place of business in Lincoln, Nebraska. There are no parties or known witnesses
residing in Omaha, Nebraska.

The court finds Lincoln is the most convenient trial location for the parties and witnesses.
Accordingly,
IT IS ORDERED:
1)

Defendants’ motions to transfer this case to Lincoln, (Filing Nos. 39 and 45), are
granted.

2)

The above-captioned case is transferred to the court’s Lincoln trial location.

November 5, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge