United States of America et al v. Travelers Casualty and Surety Company of America et al

Filing 17

ORDER that Defendants' request to change the place of trial from Omaha to Lincoln is denied. Ordered by Magistrate Judge F.A. Gossett. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA, for
the use of, ELECTRICAL
ENGINEERING and EQUIPMENT
COMPANY, a/k/a 3E,
Plaintiff,
V.
TRAVELERS CASUALTY AND
SURETY COMPANY OF
AMERICA, and KINGERY
CONSTRUCTION, Co.,
Defendants.

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8:13CV334

ORDER

In its Complaint, Plaintiff alleges that it supplied materials to subcontractor Boss
Electric, LLC (“Boss”) for use in connection with a federal project wherein Defendant
Kingery Construction, Co. (“Kingery”) was the principal contractor. (Filing 1.) Plaintiff
claims that it has not been fully paid for the materials it furnished for the project. (Id.)
This case is presently set for trial in Omaha, Nebraska. Defendants have requested
that the place of trial be changed from Omaha to Lincoln, Nebraska. Defendants maintain
that Lincoln is a more convenient forum because (1) all of Kingery’s witnesses and project
records are located in Lincoln; (2) at least one third-party witness is located in Lincoln; (3)
Kingery’s counsel is from Lincoln; and (4) the subject project is located in Lincoln.
Plaintiff opposes Defendants’ request, arguing that (1) Plaintiff chose Omaha as the
place of trial by filing this action there; (2) Plaintiff’s business premises for purposes of the
circumstances underlying its claim is located in Omaha; (3) all of Plaintiff’s knowledgeable
employee representatives, including the salesman through whom all equipment and materials
for the project were purchased and its credit manager live in or near Omaha; (4) Omaha is
a more convenient trial location for Plaintiff’s counsel who resides in Des Moines, Iowa; and
(5) the business location for Boss is in Omaha and the owner and president of Boss, as well

as the project manager for Boss, live in the Omaha area.
Having considered the convenience of the litigants, witnesses and counsel, the Court
finds that the place of trial should be Omaha, Nebraska. A number of Plaintiff’s witnesses
and its attorneys are located in or near the Omaha area, and there is no indication that
Defendants have any witnesses who would be particularly burdened by having trial in
Omaha. Judicial economy would best be served by conducting the trial in Omaha, Nebraska.
IT IS ORDERED that Defendants’ request to change the place of trial from Omaha
to Lincoln is denied.
DATED February 5, 2014.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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