McGee v. GGNSC Grand Island Lakeview LLC

Filing 13

ORDER that at this stage in proceedings, the court will consider a change in the place of trial only upon motion in accordance with NECivR 40.1 or stipulation of the parties. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LACIE MCGEE,
Plaintiff,

8:16CV107

vs.
ORDER
GGNSC GRAND ISLAND LAKEVIEW
LLC, d/b/a GOLDEN LIVING CENTER
GRAND ISLAND LAKEVIEW, and
GGNSC GRAND ISLAND PARK PLACE
LLC, d/b/a GOLDEN LIVING CENTER
GRAND ISLAND PARK PLACE,
Defendants.
This matter is before the court on the sua sponte.
On March 7, 2016, the defendant GGNSC Grand Island Lakeview LLC removed
this action from the District Court of Hall County, Nebraska. See Filing No. 1. The
removing defendant filed the action in the Omaha division, but did not make a written
request for the place of trial. Id.; see also NECivR 40.1(b)-(c). The parties did not
mention the location for trial in the defendant’s Answer, the plaintiff’s Demand for Jury
Trial, or the parties’ planning report. See Filing Nos. 4, 7, and 8. In the plaintiff’s May 6,
2016, amended complaint, she requested trial be held in the Lincoln division. See Filing
No. 12 p. 10.

Such request is ineffective under the local rules.

At this stage in

proceedings, the court will consider a change in the place of trial only upon motion in
accordance with NECivR 40.1 or stipulation of the parties.

IT IS SO ORDERED.

Dated this 10th day of May, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge