Zurich American Insurance Company v. Andrew et al

Filing 19

ORDER - Defendants Luke and Bryce Andrew's Motion for Trial in Lincoln, Nebraska (filing 9 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ZURICH AMERICAN INSURANCE
COMPANY, a New York
Corporation,
Plaintiff,
V.
RICHARD ANDREW, JANE
ANDREW, LUKE ANDREW, and
BRYCE ANDREW,
Defendants.

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8:15CV403

ORDER

This case is presently set for trial in Omaha, Nebraska. Defendants Luke and Bryce
Andrew (collectively “Defendants”) have requested that the place of trial be changed from
Omaha to Lincoln, Nebraska (filing 9). Defendants maintain that Lincoln is a more
convenient forum because (1) the jury pool in Omaha will not include Nebraskans from the
portion of the State (Nemaha County) affected by the events giving rise to this litigation; (2)
travel to Lincoln is more convenient for several witnesses and interested parties; (3) relevant
records and records custodians are located in Lincoln; and (4) Defendants are oriented to
Lincoln for business and social connections, and the attorney for Defendants Richard and
Jane Andrew is from Lincoln.
When deciding the place of trial, “a judge considers the convenience of litigants,
witnesses, and attorneys.” Wang v. Nebraska Public Power District, No. 4:13CV3161, 2014
WL 1767316, *2 (D. Neb. May 2, 2014). The party seeking to change the place of trial bears
the burden of establishing that the transfer should be granted. Id. The forum should not be
disturbed “unless the movant makes a clear showing that the balance of interests weighs in
favor of the movant.” Id. “A transfer should not be granted if the effect is to merely shift
the inconvenience from one party to the other.” Id.
Defendants have not shown that a change in trial location is appropriate here.
Defendants have not demonstrated that Omaha jurors would be less capable of reaching a fair

verdict than those from a Lincoln jury pool. Also, any potential travel inconvenience caused
for a few witnesses is minor and in no way necessitates moving the location of trial.
Moreover, it appears that Omaha is actually a more convenient location for potential out-ofstate witnesses. Although Defendants may be more oriented to Lincoln, moving trial on this
basis would simply result in impermissible burden shifting. Therefore, having considered the
convenience of the litigants, witnesses, and counsel, the Court finds that the place of trial
should remain Omaha, Nebraska.
Accordingly,
IT IS ORDERED that Defendants Luke and Bryce Andrew’s Motion for Trial in
Lincoln, Nebraska (filing 9) is denied.
DATED February 3, 2016.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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