Hack v. Topeka, Kansas, City of, 2:23-cv-02410

Plaintiff Barbara Hack alleges gender discrimination under Title VII after being denied promotion to a Chief-level position in the Topeka Fire Department, where she worked for 24 years.
Plaintiff applied for Fire Marshal and Chief of Administration positions in March 2022, met qualifications, but all positions were filled by men.
Hack retired from the department in March 2023.
Initial trial venue designation was Kansas City, Kansas, by Plaintiff, although she resides in Topeka, Kansas.
Defendant City of Topeka moved to change the trial location to Topeka, arguing it is more convenient for witnesses and evidence.
The magistrate judge considered written briefs and oral arguments, ultimately granting Defendant’s motion to designate Topeka as the place of trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper place of trial	Kansas City, KS is 61 miles away and less impacted by publicity; Plaintiff’s chosen forum	Topeka is most convenient—Plaintiff lives there, witnesses and evidence are there; Plaintiff’s forum choice gets less weight	Topeka, Kansas is the appropriate venue
Weight of plaintiff’s forum choice	Plaintiff should choose trial location	Choice gets less weight if plaintiff doesn’t reside there	Plaintiff’s choice given reduced weight
Convenience of witnesses and evidence	No clear argument beyond forum preference	Vast majority of witnesses and evidence in Topeka	Factors favor Topeka
Fair trial possibility in Topeka	Media coverage could taint jury pool	No evidence jury pool would be tainted; voir dire can address bias	Fair trial can be held in Topeka

Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509 (10th Cir. 1991) (identifies non-exclusive factors for determining proper trial venue)
Cook v. Atchison, Topeka & Santa Fe Ry. Co., 816 F. Supp. 667 (D. Kan. 1993) (less deference to plaintiff’s choice of forum when plaintiff does not reside there)