Gueltzau v. Warehime et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MIKEL JAMES GUELTZAU,
Plaintiff,
vs.
DEREK WAREHIME, Property Manager
and Owner; and CATHY WAREHIME,
Property Manager and Owner;
Defendants.
8:24CV430
ORDER
This matter is before the undersigned on Plaintiff’s motion at Filing No. 71 which
the presiding judge, U.S. District Judge Brian C. Buescher, has construed as a request for
trial in Lincoln rather than Omaha. Defendants were given until November 17, 2025 to file
a response to the motion. (Filing No. 76). Defendants have done so and this matter is ripe
for disposition. (See Filing No. 83).
Pursuant to this court’s Local Rules, when evaluating conflicting requests for place
of trial, a judge considers the “convenience of the parties, lawyers, witnesses, other related
matters, and the interests of justice.” NECivR 40.1(b)(1). Upon review of Defendants’
response, Plaintiff’s motion is essentially unopposed. The Defendants are residents of
Colorado and state that both Lincoln and Omaha are equally inconvenient. Defendants
“anticipate that most, if not all, of the evidence for Defendants will be presented by Mr.
and Mrs. Warehime” therefore the convenience of witnesses is not a concern for the
defense. Counsel for Defendants works in Lincoln and resides in Omaha, so either location
is convenient. Plaintiff has requested trial to take place in Lincoln because he resides in
Lincoln, the matters relevant to this case took place in Lincoln, and distance and alleged
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medical conditions would make it difficult for Plaintiff to travel to Omaha. The
undersigned will grant Plaintiff’s request to change place of trial to Lincoln.
The undersigned notes that the Local Rules provide that the assigned judge may
change the designated place of trial at a later date if the court determines that the
circumstances and the interests of justice warrant such a change. See NECivR 40.1(d).
IT IS ORDERED that Filing No. 71 is granted to the extent that it requests Lincoln
be designated as the place of trial.
Dated this 3rd day of December, 2025.
BY THE COURT:
s/ Ryan C. Carson
United States Magistrate Judge
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