Shaddick v. Western Heritage Credit Union

Filing 9

MEMORANDUM AND ORDER - 1) Plaintiff's Request for Trial in North Platte, Nebraska, (Filing No. 5 ), is granted. 2) Defendant's Motion to Transfer the trial location to Lincoln, Nebraska, (Filing No. 7 ), is denied.3) This case is transferred to the North Platte trial docket. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL R. SHADDICK,
Plaintiff,

8:16CV11

vs.
MEMORANDUM AND ORDER
WESTERN HERITAGE CREDIT UNION,
a Nebraska formed credit union;
Defendant.
Defendant removed this case to federal court from the District Court of Scotts
Bluff County, Nebraska. (Filing No. 1). Defendant’s removal filings do not request a
trial location. See NECivR 40.1(b)(“the removing party at the time of filing a petition for
removal, must request in writing trial in Omaha, Lincoln, or North Platte”). The case was
assigned by the clerk’s office to this court’s Omaha trial docket.
Plaintiff filed a request for trial in North Platte, stating “[t]he basis for the request
is that most witnesses are located either in Alliance or Scottsbluff, Nebraska and . . . it
would be burdensome to require travel to Lincoln or Omaha.” (Filing No. 5). Defendant
objects to trial in North Platte, and moves for a Lincoln trial location, explaining defense
counsel is primarily located in Omaha, Nebraska, with an office location in Lincoln and
no offices in Western Nebraska; Defendant’s representatives often travel in the Lincoln,
Nebraska area; the court has a manned courthouse in Lincoln, Nebraska; and “Lincoln,
Nebraska will represent a fair and just compromise amongst the parties on the appropriate
venue for trial since Defendant’s counsel will be required to travel from Omaha,
Nebraska and Plaintiff’s counsel to travel from western Nebraska.” (Filing No. 7).
The court “considers the convenience of the litigants, witnesses, and attorneys
when deciding the place of trial.” NeCivR 40.1(b)(1). Based on Plaintiff’s complaint,
the actions underlying Plaintiff’s claims occurred in Scotts Bluff County, Nebraska. The

case was filed in Scotts Bluff County, and the plaintiff is represented by counsel located
in Scottsbluff, Nebraska. Defendant was served in Box Butte County, Nebraska. (Filing
No. 1-1). Plaintiff states his witnesses are located in Alliance or Scottsbluff, Nebraska,
and based on the allegations of the complaint, the court believes Defendant’s witnesses
live and work there as well.1 Defense counsel is located in Omaha, but the convenience
of counsel is afforded less weight than the convenience of the parties and witnesses when
deciding a motion to change the trial location. While it no longer has a courthouse in
North Platte, the federal court has access to a North Platte trial location and remains
capable of presiding over cases assigned to that location. Finally, NECivR 40.1(b)(1)
envisions selecting the most convenient trial location for the parties, witnesses and
counsel2—not a compromise trial location (in this case, Lincoln) that offers a “fair and
just” degree of inconvenience everyone.3

After applying and balancing the factors set forth in NECivR 40.1(b)(1), the court
finds North Platte is the proper trial location for this case.

Accordingly,
IT IS ORDERED:
1)
granted.

Plaintiff’s Request for Trial in North Platte, Nebraska, (Filing No. 5), is

1

Defendant states its representatives travel in and near Lincoln, Nebraska. But
Defendant has not provided the residential or work addresses of the witnesses it will
likely call for this case.
2

Court personnel will need to travel to North Platte in the case is moved to that
location. But North Platte remains a trial location for the Nebraska federal court. The
convenience of the court and its staff is not mentioned in NECivR 40.1(b)(1), and it is not
considered when deciding a motion to change a trial location.
3

Even if NECivR 40.1(b) permitted selecting a trial location by compromise, the
court seriously questions how Lincoln could be considered a “fair and just compromise”
location for the attorneys in this case. Lincoln is 60 miles from Omaha; 400 miles from
Scottsbluff.
2

2)

Defendant’s Motion to Transfer the trial location to Lincoln, Nebraska,
(Filing No. 7), is denied.

3)

This case is transferred to the North Platte trial docket.

January 25, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

3