Opinion
Civil Case No. 05-cv-00842-REB-OES.
October 6, 2005
ORDER GRANTING DEFENDANTS' MOTION FOR TRIAL IN GRAND JUNCTION
This matter is before me on the defendants' motion for trial in Grand Junction, Colorado [#19], filed September 13, 2005. The plaintiff has filed a response. I grant the motion.
Under 28 U.S.C. § 1404(c), a "district court may order any civil action to be tried at any place within the division in which it is pending." The District of Colorado is not subdivided into divisions. I have discretion to order trial of this civil action at any place within the district of Colorado. See El Ranco, Inc. v. First Nat. Bank of Nev., 406 F.2d 1205, 1219 (9th Cir. 1968), cert. denied, 396 U.S. 875 (1969).
The plaintiff's claim is based on his allegation that the two defendant sheriff's deputies used excessive force in arresting the plaintiff. The arrest took place in Mesa County, Colorado. The defendants and all potential witnesses noted by the parties reside in Mesa County. The defendants' counsel is located in Mesa County. The plaintiff currently is incarcerated in a prison located in Crowley, Colorado. No matter where the trial may be held, the plaintiff will have to be transported from Crowley to the place of trial. The defendants argue that it would be more convenient for all involved to conduct any trial of this case in Mesa County. I agree.
THEREFORE, IT IS ORDERED as followed:
1. That the defendants' motion for trial in Grand Junction, Colorado [#19], filed September 13, 2005, is GRANTED;
2. That any trial of this case SHALL BE CONDUCTED in the facilities maintained by this court in Grand Junction, Colorado;
3. That when setting a trial date for this case, the parties and their counsel SHALL NOTIFY the court's administrative assistant that any trial of this case is to be conducted in Grand Junction, Colorado.