08-C-0647 Jackson v. Kohlway

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Civil Procedure
Venue

A party must show extraordinary circumstances to transfer a case from the Milwaukee Division to the Green Bay Division.

“The fact that the case was properly assigned to the Milwaukee Division does not
mean that it cannot be transferred to the Green Bay Division. Paragraph 2 does not prohibit the transfer of a prisoner civil case after it has been randomly assigned, and Paragraph 3 of the Order states that a party may move to transfer a civil case to a different division ‘based upon the convenience of the parties and witnesses, or the interests of justice.’ As noted, however, Paragraph 2 requires that a prisoner civil case be randomly assigned even if it has a greater nexus with a particular division. Paragraph 2 would serve no purpose if, after random assignment, a prisoner civil case could be transferred to the division with which it has the greatest nexus. Thus, before a prisoner civil case will be transferred to a different division, the party seeking the transfer must establish more than that the case has the greatest nexus with such division. Rather, the party must show that extraordinary circumstances exist that make the transfer appropriate despite the requirement that prisoner civil cases be randomly assigned. Although I decline to speculate about what might constitute extraordinary circumstances, such circumstances are not present where, as here, the movant shows only that the claims arose in the other
division and/or the parties and witnesses reside there.”

Motion Denied.

08-C-0647 Jackson v. Kohlway

E.D.Wis., Adelman, J.