Brehm et al v. Engle et al
| Gladys M. Brehm, Lyle Brehm, Willard F. Brehm, David Buckley, Alvena T. Frost, Elaine Hauberg, Richard Hauberg, Gary Rademacher, Pamela Rademacher, Jill Schuneman, Arlin Stutheit and Rex Weldon |
| American Capital, John Boyce, Capital Growth Equity Fund I, Capital Growth Financial, Rebecca Engle, Engle & Schuster Financial, Liana Dobarganes Harrington, Patrick Harrington, Alan Jacobs, Michael Jacobs, Peter Kirschner, Geraldine Magalnick, Gerald Parker, Royal Palm Capital Group, Brian Schuster and Stark Winter Schenkein & Co. |
| Bonnie Post and William Sheldon |
| U.S. Bankruptcy Court |
| 8:2007cv00254 |
| June 29, 2007 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Otoe |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
525
MEMORANDUM AND ORDER - IT IS ORDERED: Attorneys' fees in the amount of $5,293.24 and costs and expenses in the amount of $5,492.85 are approved and awarded. Co-lead counsel may withdraw attorneys' fees in the amount of $5 ,293.24 and costs and expenses in the amount of $5,492.85 from the settlement proceeds maintained in Mattson Ricketts' trust account. Co-lead counsel shall distribute the remaining Settlement Funds to Class members whose Proofs of Claim s have been accepted on a pro rata basis, in accordance with this court's earlier orders. The court retains jurisdiction to enforce the orders and judgments entered in this action. This action is dismissed. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
521
ORDER that the plaintiffs shall have until the close of business on April 24, 2015, to comply with the court's July 29, 2014, Order or show cause why this case should not be dismissed as against the defendants for failure to prosecute. Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed to pro se parties)(SLP)
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Filing
518
ORDER that co-lead counsel shall file a status report stating whether there will be further proceedings in this action, and, if not, shall file a motion for final approval of class action settlement within 180 days of the date of this order. Ordered by Judge Joseph F. Bataillon. (JSF)
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Filing
514
ORDER that for case management purposes, co-lead counsel shall file a status report stating whether there will be further proceedings in this action, and, if not, shall file a motion for final approval of class action settlement within 14 days of the date of this order. Ordered by Judge Joseph F. Bataillon. (ADB )
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Filing
512
ORDER that Attorney James Cavanagh has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Cavanagh is directed to pay the $20.00 fee or show cause why he is unable to do so. Show Cause Deadline set for 6/23/2014. Ordered by Chief Judge Laurie Smith Camp. (MTB)
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Filing
496
ORDER that the plaintiffs shall have to on or before March 20, 2012, to submit a status report detailing the current posture of this matter. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
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Filing
495
MEMORANDUM AND ORDER - The proposed partial settlement agreement with defendant Geraldine Magalnick (Filing No. 481 ) is approved and incorporated herein by reference. Pursuant to the Settlement Agreement (Filing No. 481 ), defendant Geraldine Maga lnick is dismissed as a party defendant in this case. The settlement proceeds shall be deposited into the trust account of Mattson Ricketts Davies Stewart & Calkins and, unless otherwise ordered by the court, the settlement proceeds shall be held in trust for eventual distribution to the class members. Nothing in this order is intended to waive, release or discharge any claims against the remaining defendants. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party) (AOA)
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Filing
489
MEMORANDUM AND ORDER that the proposed partial settlement agreement with defendant John Boyce 469 is approved and incorporated herein by reference. Pursuant to the Settlement Agreement 469 , defendant John Boyce is dismissed as a party defendant i n this case. The settlement proceeds shall be deposited into the trust account of Mattson Ricketts Davies Stewart & Calkins and, unless otherwise ordered by the court, the settlement proceeds shall be held in trust for eventual distribution to the class members. Nothing in this order is intended to waive, release or discharge any claims against the remaining defendants. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
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Filing
484
MEMORANDUM AND ORDER - IT IS ORDERED: 1. The plaintiffs' motion for preliminary approval of proposed partial settlement agreement (Filing No. 479 ) is granted. The proposed partial settlement agreement with defendant Geraldine Magalnick (Filin g No. 481 , Index of Evid., Scaglione Aff., Ex. 1 (Doc #481, Page ID ## 4745-4751)) is preliminarily approved. A Fairness Hearing is scheduled before the undersigned on May 23, 2011, at 11:00 a.m. (CDT), in Courtroom No. 3, Roman L. Hruska U.S. Cou rthouse, 111 South 18th Plaza, Omaha, Nebraska. A Notice of Proposed Partial Settlement of Class Action & Fairness Hearing in substantially the same form as that approved in Filing No. 321 is approved. Within 7 days of the date of this order, cla ss counsel shall mail (in the name of the clerk of court, by first class mail, postage prepaid) the Notice of Proposed Partial Settlement of Class Action & Fairness Hearing, in substantially the form approved by the court, to all class members. Within 7 days of the date of the mailing of the notice, class counsel shall file an affidavit identifying the persons to whom notice has been mailed. Ordered by Chief Judge Joseph F. Bataillon. (TEL)
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Filing
475
ORDER - Defendant Megalnicks emergency motion to continue the trial (Filing No. 474 ) is denied, This action remains set for trial as the first alternate civil trial on April 18, 2011, and will be heard on April 22, 2011, commencing at 9:00 a.m., in the event a criminal trial commences on April 18, 2011. Ordered by Chief Judge Joseph F. Bataillon. (copies mailed to pro se parties)(MKR) Modified on 4/13/2011 to reflect copies mailed to pro se parties)(MKR).
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Filing
472
MEMORANDUM AND ORDER - The plaintiffs' motion for preliminary approval of proposed partial settlement agreement 467 is granted. The proposed partial settlement agreement with defendant John Boyce 469 is preliminarily approved. A Fairness H earing is scheduled before the undersigned on April 28, 2011, at 3:30 p.m., in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. A Notice of Proposed Partial Settlement of Class Action & Fairness Hearing in subs tantially the same form as that approved in Filing No. 321 is approved.Within 7 days of the date of this order, class counsel shall mail (in the name of the clerk of court, by first class mail, postage prepaid) the Notice of Proposed Partial Settle ment of Class Action & Fairness Hearing, in substantially the form approved by the court, to all class members. Within 7 days of the date of the mailing of the notice, class counsel shall file an affidavit identifying the persons to whom notice has been mailed. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
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Filing
459
MEMORANDUM AND ORDER that the proposed partial settlement agreement with defendant Stark WinterSchenkein & Co., LLP (filing 440 ) is approved and incorporated herein by reference. Pursuant to the settlement agreement (Filing No. 440), defendant Sta rk Winter Schenkein & Co., LLP is dismissed as a party defendant in this case. Within 15 days of the date of this order, the settlement proceeds shall be deposited into the trust account of Mattson Ricketts Davies Stewart & Calkins and, unless other wise ordered by the court, the settlement proceeds shall be held in trust for eventual distribution to the class members. Nothing in this order is intended to waive, release or discharge any claims against the remaining defendants. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
454
ORDER regarding OBJECTION 453 filed by Liana Dobarganes Harrington. The clerk of court has been directed to file Ms. Dobranes's letter as a motion to set aside the order substituting her as a defendant (Filing No. 453 ). The plaintiff shall respond to the motion within 7days of the date of this order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE)
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Filing
450
ORDER adopting in its entirety 449 Report and Recommendation of U.S. Bankruptcy Judge Timothy J. Mahoney. This court withdraws the reference of the adversary proceeding and stays any action against Ms. Magalnick unless and until the plaintiffs obtain relief from the automatic stay from the Florida bankruptcy court to pursue their litigation against her. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE)
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Filing
449
REPORT AND RECOMMENDATION to the United States District Court for the District of Nebraska that it withdraw the reference of this adversary proceeding and stay any action against Ms. Magalnick unless and until the plaintiffs obtain relief from the automatic stay from the Florida bankruptcy court to pursue their litigation against her. Ordered by Judge Timothy J. Mahoney. (Attachments: # 1 Transmittal Letter) (JAB)
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Filing
445
MEMORANDUM AND ORDER - The plaintiffs' motion for preliminary approval of proposed partial settlement agreement 436 is granted. The proposed partial settlement agreement with defendant Stark Winter (Filing No. 440) is preliminarily approved. A Fairness Hearing is set for January 20, 2011, at 11:00 a.m., in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. A Notice of Proposed Partial Settlement of Class Action & Fairness Hearing in substantially t he same form as that approved in Filing No. 321 is approved. Within 7 days of the date of this order, class counsel shall mail (in the name of the clerk of court, by first class mail, postage prepaid) the Notice of Proposed Partial Settlement of Cla ss Action & Fairness Hearing, in substantially the form approved by the court, to all class members. Within 7 days of the date of the mailing of the notice, class counsel shall file an affidavit identifying the persons to whom notice has been mailed. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KBJ)
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Filing
443
ORDER - Pursuant to NEGenR 1.5(a)(1) and 28 U.S.C. § 157, this case is referred to the United States Bankruptcy Court for the District of Nebraska. This case and any pending motions shall be terminated for statistical purposes by the Clerk of t he Court for the District of Nebraska. The Clerk of the Court for the District of Nebraska shall deliver the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
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Filing
433
ORDER - Plaintiffs' motion to dismiss defendants Capital Growth Financial and Alan and Michael Jacobs (Filing No. 428 ) is granted. Defendants Capital Growth Financial and Alan and Michael Jacobs are dismissed, without prejudice, each party to bear their own attorney fees, expert fees, and costs. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE)
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Filing
426
ORDER - Following a telephone conference with counsel and pro se parties on November 8, 2010: Plaintiffs' motion for continuance 421 will be granted as set forth. Jury Trial set at the court's call the week of 4/18/2011 at 08:30 AM in Cou rtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Pretrial Conference set for 2/25/2011 at 11:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. All depositions, whether or not they are int ended to be used at trial, shall be completed by January 31, 2011. Defendant Magalnick shall have until November 18, 2010, to file any motion to compel discovery. The hearing remains scheduled for November 12, 2010, regarding the plaintiffs' Motion to Substitute Liana Dobarganes Harrington in Place of Defendant Patrick Harrington (Filing No. 410 ). Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(JAB)
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Filing
414
ORDER that the proposed partial settlement agreement 385 defendant Peter Kirschner is approved and incorporated herein by reference. Pursuant to the settlement agreement (Filing No. 385), defendant Peter Kirschner is dismissed as a party defendant in this case. The settlement proceeds shall be deposited in one of co-lead counsels interestbearing trust accounts and, unless otherwise ordered by the court, the settlement proceeds shall be held in trust for eventual distribution to the class members. Nothing in this order is intended to waive, release or discharge any claims against the remaining defendants. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
395
ORDER - On or before October 14, 2010, the plaintiffs shall show cause why Mr. Harrington should not be dismissed as a party. The show cause deadline will be terminated if the plaintiffs file a motion for substitution of parties, or file a motion to voluntarily dismiss Mr. Harrington. ( Show Cause Deadline set for 10/14/2010.) Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se parties. ) (JAE).
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Filing
394
ORDER - Upon notice of settlement given to the magistrate judge on September 15, 2010, on or before October 14, 2010, the plaintiffs and the defendant Stark WinterSchenkein & Co. shall electronically file a joint stipulation for dismissal. The Stark Winter Schenkein & Co.'s Motion to Compel (Filing No. 378 ) is denied, as moot, upon the representation that this case is settled. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
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Filing
388
MEMORANDUM AND ORDER - The plaintiffs' motion for preliminary approval of proposed partial settlement agreement (Filing No. 383 ) is granted. The proposed partial settlement agreement with defendant Peter Kirschner (Filing No. 385 ) is prelim inarily approved. A Notice of Proposed Partial Settlement of Class Action & Fairness Hearing in substantially the same form as that approved in Filing No. 321 is approved. The court will hold a fairness hearing on October 14, 2010, at 8:30 a.m. T he Notice of Proposed Partial Settlement of Class Action & Fairness Hearing must be filed with the court no later than October 7, 2010. 6. Within 7 days of the date of this order, class counsel shall mail the Notice of Proposed Partial Settlement of Class Action & Fairness Hearing to all class members. Within 7 days of the date of the mailing of the notice, class counsel shall file an affidavit identifying the persons to whom notice has been mailed. ( Case Management Deadline set for 10/7/2010 - Notice of Proposed Partial Settlement to be filed with Court.) ( Fairness Hearing set for 10/14/2010 08:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon.)Ordered by Chief Judge Joseph F. Bataillon. (JAE)
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Filing
364
ORDER - On or before August 26, 2010, the plaintiffs shall clarify the record with record to Mr. Harrington. The plaintiffs may, for example, file a motion for substitution of parties, if appropriate, in accordance with the provisions of Rule 25, or file a motion to voluntarily dismiss Patrick Harrington as a defendant in this action, in accordance with Rule 41(a). If the plaintiffs fail to comply with this order the defendant Patrick Harrington may be dismissed as a party, without further notice, pursuant to Fed. R. Civ. P. 41(b). Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se parties) (JAE)
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Filing
358
ORDER denying 356 Motion for Protective Order. Ordered by Magistrate Judge Thomas D. Thalken. (PMD)
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Filing
335
MEMORANDUM AND ORDER that the plaintiffs motion for final approval of proposed partial settlement agreement (Filing No. 272 ) is granted.The proposed partial settlement agreement with defendants Capital Growth Financial and Alan and Michael Jacobs ( Filing No. 277 ) is approved and incorporated herein by reference. Attorneys fees in the amount of $215,386 and costs in the amount of $2,823.80 are approved and awarded. Co-lead counsel may withdraw attorneys fees in the amount of $2 15,386.00,plus costs in the amount of $2,823.80, from the settlement proceeds maintained in Mattson Ricketts interest-bearing trust account at First National Bank in Omaha, Nebraska. The remaining balance of the settlement proceeds shall be held in one or more trust accounts of the co-lead counsel for the plaintiffs. Co-lead counsel may apply to the court for use of those funds to cover any litigation expenses associated with pursuing this action against the remaining defendants. Unless o therwise ordered by the court, the remaining settlement proceeds shall be held in trust for eventual distribution to the class members. Nothing in this order is intended to waive, release or discharge any claims against the remaining defendants. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
311
ORDER that the proposed notice of class certification submitted to the court is approved, subject to a 30-day period to request exclusion from the class. Within 7 days of the date of this order, class counsel shall mail a notice, in substantially the form approved by the court, to all class members who can be identified through reasonable efforts. Within 7 days after the expiration of the opt-out period, class counsel shall file an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion.Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
303
ORDER - This matter comes before the court after a telephone conference held on July 24, 2009. After a discussion of the progression of the case, the parties agreed upon a deadline to meet, confer, and file a planning report as required by Fed. R. Ci v. P. 26(f). Upon consideration, IT IS ORDERED:The parties shall have to on or before August 18, 2009, to file a planning report as required by Fed. R. Civ. P. 26(f). ( Rule 26 Meeting Report Deadline set for 8/18/2009.) Ordered by Magistrate Judge Thomas D. Thalken. (TJS)
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Filing
302
MEMORANDUM AND ORDER granting 272 Motion for preliminary approval of proposed partial settlement agreement. The proposed partial settlement agreement with defendants Capital Growth Financial and Alan and Michael Jacobs 277 is preliminarily approved. Plaintiffs shall submit a proposed notice of proposed settlement and fairness hearing to the court for approval within 14 days of the date of this order. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
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Filing
297
ORDER regarding 272 Motion for Settlement that Plaintiffs' shall disclose all sealed information immediately to counsel for defendant Stark Winter; Counsel for Stark Winters agrees to maintain the confidentiality of all sealed information disc losed to it by the plaintiffs; At the end of the 20 day time period, if no additional discovery is needed, or at the end of 50 days if additional discovery is conducted, Stark Winter shall file any objections it has to the proposed partial settlement as outlined by the plaintiffs without prejudice to its objections for prematurity and certification of the class as articulated on the record ; If following this process counsel for the plaintiffs believes he needs an additional hearing, either by p hone or in the courtroom, on its motion for settlement, he can so advise the court and an expedited hearing will be scheduled; and The parties are further notified that this court will handle the motion to certify the class reasserted in 260 Motion and 261 Motion. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
291
ORDER - 1. The plaintiffs motions for expedited rulings 278 and 280 are denied as moot with respect to motions to dismiss filed by defendants Kirschner, Parker, and Stark Winter. 2. The plaintiffs motion for an expedited ruling 280 on their mo tion for class certification is granted. 3. The Clerk of Court is directed to refer the plaintiffs motion for certification of class 207 reasserted in 261 to the magistrate judge for expedited consideration. 4. The plaintiffs motion for prelimi nary approval of proposed partial settlement agreement 272 is set for hearing on June 18, 2009, at 9:00 a.m. in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
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Filing
267
ORDER granting 266 Motion to Extend Deadline for the Parties to Submit a Rule 26(f) Planning Conference Report. The parties shall have twenty-one (21) days from the date an order is filed on the currently pending dispositive motions, in which to file a planning report with the court pursuant to Federal Rule of Civil Procedure 26(f), if necessary. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
265
ORDER granting 251 Carl F. Schoeppl's Motion to Withdraw as Attorney; granting 253 David R. Chase's Motion to Withdraw as Attorney. Gerald Parker and Peter Kirschner are considered proceeding pro se and counsel for other parties may com municate with these parties directly. Gerald Parker and Peter Kirschner must keep the court informed of their current address. The clerk shall send a copy of this order to Gerald Parker and Peter Kirschner at their last known address. Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed) (JSF)
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Filing
256
ORDER that Carl F. Schoeppl's motion to withdraw 251 and David R. Chase's motion to withdraw 253 are held in abeyance. Gerald Parker and Peter Kirschner shall have until 11/7/08 to respond to the motions to withdraw. If no response is received or if substitute counsel has entered an appearance by that date, the motions to withdraw will be granted. If the motions to withdraw are granted and substitute counsel has not entered an appearance, Mr. Parker and/or Mr. Kirschner will be c onsidered proceeding pro se and counsel for the other parties may communicate with Mr. Parker and/or Mr. Kirschner directly regarding this case. Moving counsel shall serve a copy of this order on their clients and file a certificate of such service with the court. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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