Securities and Exchange Commission v Behrens, et al
| Securities and Exchange Commission |
| Bryan S. Behrens and National Investments |
| 8:2008cv00013 |
| January 10, 2008 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| XX US, Outside State |
| F. A. Gossett |
| Laurie Smith Camp |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Plaintiff |
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Filing
441
ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED - Counsel for the parties shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Senior Judge John M. Gerrard. (JAB)
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Filing
433
ORDER granting in part and denying in part 432 Motion for Relief/Other Update on filing fee. Behren's request for status is granted as set forth in the order. Behren's request for extension of the initial partial filing fee deadline i s denied as moot. Behren's request for transfer of funds is denied. Behren's request for copies is denied. Behren's request for a partial copy of the Court's docket is granted. Ordered by Judge John M. Gerrard. (Copy mailed to Pro Se Defendant.) (KMG)
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Filing
429
MEMORANDUM AND ORDER - Behrens' request for leave to appeal in forma pauperis (filing 422 ) is granted. Behrens shall pay an initial partial filing fee of $18.97 by November 4, 2014, unless an enlargement of time is granted in response to a written motion. The Clerk of the Court is directed to set a case management deadline of November 4, 2014. After payment of the initial partial filing fee, Behrens' institution shall collect the additional monthly payments in the mann er set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the Court. The Clerk of the Court is directed to send a copy of this order to the appropriate official at Behrens' institution and to the Eighth Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(GJG)
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Filing
420
MEMORANDUM AND ORDER - The plaintiff's Motion for Entry of a Final Judgment (filing 376 ) is granted in part, and denied in part. Behrens' motion to stay (filing 398 ) is denied. The defendants shall pay, jointly and severally, disgo rgement of $6,604,593, and prejudgment interest in the amount of $2,923,956, for a total of $9,528,549. Any amounts recovered by the plaintiff in satisfaction of this judgment shall be paid to the defendants' victims on a pro rata basis. Amounts recovered by the receiver appointed in this case, or paid toward Behrens' criminal restitution award, shall be credited toward the judgment in this case. The Court's Judgment as to Defendants and Appointment of Recei ver (filing 85 ) is adopted and incorporated herein. The Court shall retain jurisdiction of this matter for purposes of enforcing the terms of the final judgment. This case is closed. Pursuant to Fed. R. Civ. P. 59(a), a separate judgment will be entered. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party; copy to finance)(GJG)
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Filing
418
ORDER - The Receiver's Final Report (filing 416 ) is approved. The receiver's application for payment of $5,290.07 is approved. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
417
MEMORANDUM AND ORDER - Behrens' "Motion for Relief and Judicial Notice" (filing 414 ) is denied. Behrens' "'EMERGENCY' Motion for Reconsideration, And to Hault [sic] All destruction of documents" (filing [371 ]) is denied as moot. The Court confirms its own jurisdiction and the receiver's authority to administer the receivership pursuant to 11 U.S.C. §§ 362(b)(4) and 543(d). The receiver is directed to retain documents in his possession until a final judgment is entered in this case, at which time the documents may be given to the bankruptcy trustee, or returned to Behrens or an agent of Behrens. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG )
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Filing
411
ORDER - The Receiver's Eighth Status Report (filing 410 ) is approved. The receiver is directed to collect available tail commissions, make a final distribution, and submit a final report to the Court on or before July 14, 2014. The Clerk of the Court is directed to set a status report deadline of July 14, 2014. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
409
ORDER - Behrens' institution shall collect the full $505.00 appellate filing and docketing fees from him by installment in the manner set forth in 28 U.S.C. § 1915(b)(2), and shall forward those installments to the Court. The Clerk of the Court is directed to send a copy of this order to the appropriate official at Behrens' institution. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(GJG)
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Filing
407
ORDER - The Ninth Application for Receiver's Compensation and Reimbursement of Expenses (filing 405 ) is approved. Ordered by Judge John M. Gerrard. (GJG) Modified on 2/19/2014 to reflect copy mailed to pro se party (GJG).
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Filing
396
MEMORANDUM AND ORDER denying 394 Motion for Leave to Amend Pleading. The Clerk of the Court is directed to send a copy of this order to the Eighth Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed) (JSF)
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Filing
392
ORDER - The defendant's motion to proceed in forma pauperis (filing 389 ) is denied. The Clerk of the Court is directed to send a copy of this order to the Eighth Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party; transmitted electronically to the 8th Circuit)(GJG)
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Filing
388
ORDER - Response brief's in opposition to the plaintiff's Motion for Entry of a Final Judgment (filing 376 ) may be filed on or before January 8, 2014. Reply briefs in support of the plaintiff's motion may be filed on or before January 22, 2014. Absent any further extensions of time, the plaintiff's motion will be submitted to the Court for disposition on January 23, 2014. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
374
MEMORANDUM AND ORDER - Behrens' motion for relief under Fed. R. Civ. P. 60(b) (filing 373 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
372
ORDER - The receiver is directed not to destroy any files or records until further order of the Court. The receiver is directed to respond to Behren's motion (filing 371 ), specifically addressing: (a) Behrens' stated grounds for resist ing destruction of the documents, and (b) whether it is feasible to transfer the documents to Behrens or an associate of Behrens. The receiver's response shall be filed, absent any request for extension, on or before November 22, 2013. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
370
ORDER - Behrens' motion for copies (filing 368 ) is granted. The Clerk of the Court is directed to send Behrens, along with a copy of this order, a copy of the Amended Motion of Receiver for an Order Approving Disposition of Documents (filing 365 ). The receiver is directed not to destroy any files or records before November 8, 2013. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with document 365 )(GJG)
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Filing
364
ORDER - The Motion of Receiver for an Order Amending Certain Approved Claims (filing 362 ), being unopposed, is granted. The Court approves amendment of the claims of Delores JoAnn Green; Marlin Dean Lustgraaf; Jean (J.P.) and Dee Poole, Trustees of the Poole Family Trust; and Barbara M. Vacanti as Personal Representative of the Estate of Milo Paul Vacanti; to the amounts set forth above. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG, )
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Filing
359
ORDER - The receiver's objection (filing 344 ) is sustained. Behrens' motion to compel the release of funds (filing 323 ) is denied. Behrens' motion to compel discovery and extend the reply deadline (filing 358 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
357
ORDER - The Eighth Application for Receiver's Compensation and Reimbursement of Expenses (filing 356 ) is approved. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
354
ORDER - Behrens' motion (filing 353 ) is granted. Behrens shall pay an initial partial filing fee of $18.23 by September 3, 2013. The Clerk of the Court is directed to reset the case management deadline to September 3, 2013. The Clerk of the Court is directed to send a copy of this order to the Eighth Circuit Court of Appeals. The Clerk of the Court is directed to send Behrens, along with this order, copies of filings 344 , 346 , and 349 . Behrens may reply in support of his motion to compel (filing 323 ) on or before August 12, 2013. The motion to compel will be ripe for disposition on August 13, 2013. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and electronically sent Eighth Circuit)(GJG)
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Filing
352
MEMORANDUM AND ORDER denying 350 Motion for Sanctions and Contempt; denying 351 Motion for Copies. Ordered by Judge John M. Gerrard. (ADB)
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Filing
348
MEMORANDUM AND ORDER (with attached docket entries). Behrens' motion for copies (filing 342 ) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
337
MEMORANDUM AND ORDER - Behrens' motion for leave to appeal in forma pauperis (filing 335 ) is granted. Behrens shall pay an initial partial filing fee of $18.23 by August 2, 2013, unless an enlargement of time is granted in response to a written motion. The Clerk of the Court is directed to set a case management deadline of August 2, 2013. After payment of the initial partial filing fee, Behrens' institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the Court. The Clerk of the Court is directed to send a copy of this order to the appropriate official at Behrens' institution and to the Eighth Circuit Court of Appeals. Behrens' motion for status (filing 333 ) is granted as set forth above. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed )(GJG)
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Filing
332
ORDER - The plaintiff and the receiver shall respond to Behrens' "Motion to Compel" (filing 323 ) on or before July 15, 2013. The plaintiff and receiver shall address, in their responses, whether the funds sought by Behrens were p aid to the receivership and, if so, the source of the funds and the basis for the receivership's receipt of the funds. Any other interested party wishing to respond to Behrens' motion shall do so on or before July 15, 2013. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
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Filing
328
ORDER regarding Notice of Appeal to USCA 326 filed by Bryan S. Behrens. Behrens' notice of appeal is deemed timely filed. Behrens shall have until July 22, 2013, in which to either pay the $455 appellate filing fee or submit a mot ion for leave to proceed in forma pauperis on appeal. The Clerk of the Court shall send Behrens the form AO240, Application to Proceed in District Court Without Prepaying Fees or Costs. Because Behrens is incarcerated, the Clerk of the Court is directed to obtain Behrens' inmate trust account statement. The Clerk of the Court is directed to set a case management deadline in this matter with the following text: July 22, 2013, Deadline to submit IFP on appeal or pay filing fee. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with form AO240)(GJG)
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Filing
316
MEMORANDUM AND ORDER - The motion to withdraw filed by Thomas H. Dahlk and Kutak Rock LLP as counsel of record on behalf of Defendants Bryan S. Behrens, National Investments, Inc. (filing no. 315 ), is granted. On or before June 5, 2013, Defenda nt Behrens shall either: (a) obtain the services of counsel and have that attorney file an appearance in this case; or (b) file a statement notifying the court of his intent to litigate this case without the assistance of counsel. The failure to d o so may result in an entry of default and/or default judgment against Defendant Behrens. Defendant National Investments, Inc., a corporation, cannot litigate its action in this forum without representation by licensed counsel. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994). On or before June 5, 2013, Defendant National Investments, Inc. shall obtain the services of counsel and have that attorney file an appearance on its behalf, in the absence of which the c ourt may file an entry and/or judgment of default against it without further notice. Mr. Dahlk shall promptly mail a copy of this order to Defendant Behrens and Defendant National Investments, Inc., and shall file a certificate of service stating the date and the manner of service, and the name and address served. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
310
PROTECTIVE ORDER granting 308 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
298
RECUSAL ORDER - The undersigned Judge does recuse herself from the above-designated case. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
296
ORDER - Victoria H. Buter's Motion to Withdraw as Counsel (filing 295 ) is granted. The Clerk of Court shall terminate the appearance of Victoria H. Buter as counsel for Bryan S. Behrens and shall terminate future notices to Victoria H. Buter in this action. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
293
ORDER approving 291 Motion for Release of Funds - The Court approves the Application in its entirety, and specifically approves the payment of $879.45 to Daniel T. Pleiss, C.P.A., as compensation for his services as the Receiver's accountant. Said amount is to be paid from the Disgorgement Fund as provided in the Court's Order of July 28, 2008. (Filing No. 85 ). Ordered by Chief Judge Laurie Smith Camp. (TEL)
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Filing
292
ORDER - This matter is before the Court on the Seventh Application for Receiver's Compensation and Reimbursement of Expenses (Filing No. 290 ). Having been advised in the premises, the Court approves the Seventh Application (Filing No. 290 ) in its entirety, and specifically approves the payment of $24,235.80 to Thomas D. Stalnaker, Receiver, as compensation for his services and the services of members of his law firm, and $1,376.42 for reimbursement of expenses, for a total payment of $25,612.22. Said amount is to be paid from the Disgorgement Fund as provided in the Court's Order of July 28, 2008. (Filing No. 85 ). Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
285
MEMORANDUM AND ORDER - Marion Gail Buchanan's claim to a constructive trust in the $400,000.00 in disputed funds located in the Wells Fargo Bank accounts is denied. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
278
ORDER - Thomas K. Harmons motion to withdraw (filing 276 ) is granted. Thomas K. Harmon shall immediately mail a copy of this order to James V. Yount, Sr. and Nancy B. Yount. Within thirty days from the date of this order, James V. Yount, Sr. and Nancy B. Yount shall either (a) retain new counsel and have that counsel file a written appearance with the court or (b) file a written notice with the court advising that James V. Yount, Sr. and Nancy B. Yount will represent himself or herself and advising as to where future notices, pleadings and other papers may be served. The Clerk of Court shall terminate the appearance of Thomas K. Harmon as counsel of record for James V. Yount, Sr. and Nancy B. Yount and shall terminate future noti ces to Thomas K. Harmon in this matter. In connection with the filing of his motion to withdraw, it appears that Thomas K. Harmon accidentally filed two documents with the court, specifically, filing 275 and filing 277 . The Clerk of Court shall terminate and strike these filings. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
262
ORDER granting in part and denying in part Fourth Motion of Receiver for an Order Approving Determination of Claims 243 ; granting in part and denying in part Objection to Receiver's Fourth Motion for an Order Approving Determination of Claims 244 ; and granting in part and denying in part SEC's Opposition to the Receiver's Motions to Approve Claims for Legal Expenses 251 . IT IS ORDERED: The Fourth Motion of Receiver for an Order Approving Determination of Claims (Filing No. 243 ) is granted in part and denied in part as follows: the Motion is granted as earlier described in Filing No. 250 , and the claim of Husch Blackwell Sanders in the amount of $341,962.76 also is approved; and the claim of Lewis & Pfanstiel i n the amount of $3,957.50 is denied. Claimant Marion Gail Buchanan's Objection to Receiver's Fourth Motion for an Order Approving Determination of Claims (Filing No. 244 ) and the SEC's Opposition to the Receiver's Motions to Approve Claims for Legal Expenses (Filing No. 251 ), are granted in part and denied in part as follows: the Objections to the claim of Lewis & Pfanstiel are granted; and the Objections to the claim of Husch Blackwell Sanders are denied. The Receiver may proceed with an initial distribution as described in his Proposed Schedule (Filing No. 241 ). Ordered by Judge Laurie Smith Camp. (TEL)
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Filing
260
ORDER regarding Fourth Motion of Receiver for an Order Approving Determination of Claims 243 and Objection 244 . IT IS ORDERED: If any party or claimant requests an evidentiary hearing on the claim of Husch Blackwell Sanders ($341,962.76) or Lewis & Pfanstiel ($3,957.50), such party or claimant must file a Request for Evidentiary Hearing on or before March 31, 2011, specifying the claim or claims that are the subject of the hearing, and the amount of time necessary for the hearing; and, in the absence of the filing of such a Request for Evidentiary Hearing, an Order will be issued approving the claim of Husch Blackwell Sanders and denying the claim of Lewis & Pfanstiel. Ordered by Judge Laurie Smith Camp. (TEL)
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Filing
255
ORDER granting 253 Motion Requesting an Order Permitting Mr. Rich Hoffman to Acquire Electronically Stored Information Produced by the Receiver into Forensic Images to Permit the Review of the Information. The movants, at their expense, may jointly engage Mr. Rich Hoffman as an expert, as requested. All data retrieved or acquired pursuant to this Order shall be treated as Confidential Information. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
252
ORDER denying Fifth Motion of Receiver for an Order Approving Determination of Claims 248 ; granting Objection to Receiver's Fifth Motion for an Order Approving Determination of Claims 249 ; and granting in part and deferring in part The Secu rity and Exchange Commission's Opposition to the Receiver's Motions to Approve Claims for Living and Legal Expenses 251 . IT IS ORDERED: Claimant Marion Gail Buchanan's Objection to Receiver's Fifth Motion for anOrder Approving Determination of Claims (Filing No. 249 ) is granted; The Security and Exchange Commission's Opposition to the Receiver's Motions to Approve Claims for Living and Legal Expenses (Filing No. 251 ) is granted in part and deferred in part, a s follows: The SEC's objection to the Receiver's Fifth Motion for an Order Approving Determination of Claims is granted, and consideration of the SEC's objection to the Receiver's Fourth Motion for an Order Approving Determination of Claims, as that Motion relates to the proposed payment of attorneys fees for Bryan Behrens and Michelle Behrens, is deferred pending the Courts consideration of such claims pursuant to the schedule set out in the Order of March 1, 2011 (Filing No. 247 ); and the Fifth Motion of Receiver for an Order Approving Determination of Claims (Filing No. 248 ) is denied. Ordered by Judge Laurie Smith Camp. (TEL)
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Filing
250
AMENDED ORDER - The Receiver's Fourth Motion of Receiver for an Order Approving Determination of Claims (Filing No. 243 ) is granted in part, and the amounts listed above are approved. Claimant Marion Gail Buchanans Objection to Receiver's Fourth Motion for an Order Approving Determination of Claims (Filing No. 244 ) is granted in part, as follows: On or before February 25, 2011, the Receiver will file a response to the Objection, including an affidavit stating (1) when notice of the claims of Husch Blackwell Sanders and Lewis & Pfanstiel was provided to Buchanan's counsel, (2) the deadline set by the Receiver for any objections to those claims and how the deadline was communicated to Buchanans counsel, (3) whether Buchanan or her counsel communicated any objection to the Receiver regarding those claims, or requested further information with respect to those claims, and, if so, when, and (4) whether any such objection was "withdrawn," and, if so, when. The re sponse should also state the Receiver's basis for determining that the allowance of the claims is consistent with the purposes of the Receivership; and The Receiver's Proposed Schedule (Filing No. 241 ) will remain under advisement pending the resolution of the allowance of the two remaining claims that are subject to the Objection. Ordered by Judge Laurie Smith Camp. (AOA)
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Filing
247
ORDER - The Receiver will make available to counsel for Marion Gail Buchanan copies of the claims submitted by Husch Blackwell Sanders and Lewis & Pfanstiel, as well as any correspondence between the Receiver and those claimants, at a mutually agreed time and location, but not later than March 11, 2011. Counsel for Buchanan may submit any brief in support of her Objection (Filing No. 244 ) regarding the claims of Husch Blackwell Sanders and/or Lewis & Pfanstiel on or before March 25, 2011. Aft er March 25, 2011, if the Court determines that Buchanan's Objection (Filing No. 244 ) appears to have merit in law or fact, the claims of Husch Blackwell Sanders and/or Lewis & Pfanstiel will be scheduled for evidentiary hearing, oral argument, and, if warranted, further briefing. Ordered by Judge Laurie Smith Camp. (GJG)
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Filing
245
ORDER that the 243 Motion Fourth Motion of Receiver for an Order Approving Determination of Claims is granted in part, and the amounts listed in the order are approved; the 244 Objection is granted in part, as follows: On or before February 25, 2 011, the Receiver will file a response to the Objection, including an affidavit stating (1) when notice of the claims of Husch Blackwell Sanders and Lewis & Pfanstiel was provided to Buchanan's counsel, (2) the deadline set by the Receiver for a ny objections to those claims and how the deadline was communicated to Buchanan's counsel, (3) whether Buchanan or her counsel communicated any objection to the Receiver regarding those claims, or requested further information with respect to th ose claims, and, if so, when, and (4) whether any such objection was "withdrawn," and, if so, when. The response should also state the Receiver's basis for determining that the allowance of the claims is consistent with the purposes of the Receivership; and The Receiver's Proposed Schedule (Filing No. 241 ) will remain under advisement pending the resolution of the allowance of the two remaining claims that are subject to the Objection. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
239
ORDER - The Motion to Compel the Securities and Exchange Commission to Investigate Lost Receivership Property at No Cost to Fraud Victims (Filing No. 232 ) is granted in part. The Court will be available should issues arise during said questioning which require resolution by the Court. The remainder of the relief requested in The Motion to Compel the Securities and Exchange Commission to Investigate Lost Receivership Property at No Cost to Fraud Victims (Filing No. 232 ) is denied. The SEC� 39;s Motion to Strike Non-Party Marion Gail Buchanan's Motion to Compel the SEC to Investigate Lost Receivership Property, and Opposition Thereto (Filing No. 236 ) is granted in part and denied in part, as set forth in the terms of this Order herein above. The Clerks Office is directed to deliver a copy of this order to the U.S. Marshal for personal delivery to Bryan S. Behrens. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(AOA)
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Filing
238
ORDER granting 237 Motion of Certain Investors Requesting Leave to File Brief in Response to Filing 232 . Ordered by Judge Laurie Smith Camp. (JAE)
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Filing
217
ORDER - the Court approves the Sixth Application 215 in its entirety, and specifically approves the payment of $17,811.20 to Thomas D. Stalnaker, Receiver, as compensation for his services and the services of members of his law firm, and $566.21 for reimbursement of expenses, for a total payment of $18, 377.41. Said amount is to be paid from the Disgorgement Fund as provided in the Court's Order of July 28, 2008 85 . Ordered by Judge Laurie Smith Camp. (JAE)
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Filing
211
ORDER granting 210 Application for Order of Sale. - 1. The Receiver's Motion for Order Authorizing Sale of Real Property Free and Clear of Liens (Filing No. 210 ) is granted; 2. The Receiver is hereby authorized to sell the above-described re al property for the total sum of $120,000.00, free and clear of liens and other claims, and upon the terms and conditions set forth below and in the Purchase Agreement entered into between the Receiver and Paul A. Janky; 3. Any liens or other cl aims with respect to said real property to be sold shall attach to the proceeds of sale to the same extent and with the same priorities as they attach to the property to be sold; and 4. The proceeds from the sale of the real property shall be retained by the Receiver pending a determination of the priority of the rights thereto. Ordered by Judge Laurie Smith Camp. (JAB)
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Filing
209
ORDER - The motion for leave of Court (Filing No. 206 ) filed by Daniel Wees and Phyllis C. Wees is granted. Daniel Wees and Phyllis C. Wees may file their claim against the Receivership, according to the provisions of the published Notice to Creditors (Filing No. 112 -2), on or before May 19, 2010. Ordered by Judge Laurie Smith Camp. (JAB)
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Filing
205
ORDER granting 197 Motion for Leave filed by James V. Yount, Sr. and Nancy B. Yount. James V. Yount, Sr. and Nancy B. Yount shall file their claim against the Receivership, according to the provisions of the published Notice to Creditors (Filing No. 112 -2), on or before May 11, 2010. Ordered by Judge Laurie Smith Camp. (JAB)
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Filing
201
ORDER granting 198 Motion for Release of Funds. Having been advised in the premises, the Court approves the Fifth Application (Filing No. 198 ) in its entirety, and specifically approves the payment of $19,400.58 to Thomas D. Stalnaker, Rece iver, as compensation for his services and the services of members of his law firm, and reimbursement for expenses. Said amount is to be paid from the Disgorgement Fund as provided in the Court's Order of July 28, 2008. (Filing No. 85 ). Ordered by Judge Laurie Smith Camp. (JAB)
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Filing
196
ORDER granting 195 Motion to Withdraw Document. The Receiver's Motion for an Order to Show Cause and for an Order Directing Counsel and Michelle Behrens to Reimburse Receivership for Attorney Fees Incurred in Defending Against Frivolous Action (Filing No. 181 ) is deemed withdrawn and the hearing on said Motion is hereby cancelled. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(JAB)
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Filing
194
AMENDED ORDER that the Court approves the Status Report in its entirety, and specifically approves the Receivers adjusted allowable hourly rate for his services. Accordingly, for services rendered on and after March 16, 2010, the Receivers allowable hourly rate will be $235.00. Ordered by Judge Laurie Smith Camp. (ADB)
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Filing
186
ORDER granting 184 the Receivers Motion for Order Authorizing Sale of Personal Property Free and Clear of Liens. The Receiver is hereby authorized to sell the above-described personal property for the total sum of $26,500.00, free and clear of liens and other claims, and upon the terms and conditions set forth below and in the agreement entered into by the Receiver and JPK-SMK, Inc. Any liens or other claims with respect to said personal property to be sold shall attach to the proceeds of sale to the same extent and with the same priorities as they attach to the property to be sold. The proceeds from the sale of the personal property shall be retained by the Receiver pending a determination of the priority of the rights thereto. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
176
ORDER that the Court approves the Fourth Application 170 in its entirety, and specifically approves the payment of $21,089.10 to Thomas D. Stalnaker, Receiver, as compensation for his services and the services of members of his law firm, and reimbursement for expenses. Said amount is to be paid from the Disgorgement Fund as provided in the Court's Order of July 28, 2008 85 . Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
171
ORDER granting 160 Motion to Compel; Michelle Behrens shall turn over the proceeds of the sale of a 2008 Chrysler Sebring, in the amount of $15,500.00, by delivering a certified check or cashiers check to the Receiver or to an attorney in the Receivers law firm, on or before noon on November 23, 2009; Christopher A. Pfanstiel (NSBA Bar #21846) and the law firm of Lewis & Pfanstiel, PC, LLO, shall turn over the proceeds of the sale of a 2006 Chevrolet school bus (commonly known as the Husk er bus), in the amount of $17,250.00, by delivering a certified check or cashiers check to the Receiver or to an attorney in the Receivers law firm, on or before noon on November 23, 2009; This matter is set for a show cause hearing on November 24, 2009, at 8:30 a.m., at which time Mr. Pfanstiel and Ms. Behrens shall show cause why they should not be held in contempt of this Courts Order of November 19, 2009, as well as the Courts previous Order of July 28, 2008; said hearing will be cancel led in the event that the Court receives notice from the Receiver by the close of the business day on November 23, 2009, that Mr. Pfanstiel and Ms. Behrens are in full compliance with paragraphs 2 and 3 above; denying 164 Motion For Order Staying P roceedings; The Receiver is directed to communicate with the District Court of Douglas County, Nebraska, with the purpose of informing that court of the proceedings in the current action before this Court, and further to provide the District Court for Douglas County, Nebraska, with a copy of this Courts Order appointing the Receiver (Filing No. 85) and a copy of the entire docket sheet. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
159
AMENDED ORDER DIRECTING DEPARTMENT OF MOTOR VEHICLES TO ISSUE CERTIFICATES OF TITLE in the name of Ken's Flower Shop with Thomas D. Stalnaker as Receiver, free and clear of all liens on the vehicles listed in the order.Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
157
ORDER granting 156 Motion to Compel ; the Department of Motor Vehicles shall issue Certificates of Title in the name of Ken's Flower Shop with Thomas D. Stalnaker, as Receiver, on the vehicles listed in the order. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
155
MEMORANDUM AND ORDER that Michelle Behrens's Motion to Allow Filing of Supplemental Brief 151 is granted and the attached brief and index of evidence are deemed filed instanter. Michelle Behrens's Statement of Appeal of Magistrate Judge's Order 148 is denied. The Magistrate Judge's 7/31/09 Memorandum and Order 144 is affirmed. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
144
MEMORANDUM AND ORDER. The Application to Intervene 119 filed by Michelle Behrens is denied. The Motion for Determination of Marital Property Interest and Division Thereof Or, in the Alternative, for Authorization to Proceed in the State Court [12 0] filed by Michelle Behrens is denied. The receiver's Objection 136 is sustained. Pursuant to NECivR 72.2, a party may appeal this order by filing an "Appeal of Magistrate Judge's Order" no later than 8/5/2009. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
138
ORDER that the Court approves the Revised Third Application 135 in its entirety, and specifically approves the payment of $22,703.81 to Thomas D. Stalnaker, Receiver, as compensation for his services and the services of members of his law firm , and reimbursement for expenses. Said amount is to be paid from the Disgorgement Fund as provided in the Court's Order of 7/28/08 85 . The Third Application for Receiver's Compensation and Reimbursement of Expenses 131 shall be denied as moot. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
132
ORDER - This matter is before the Court on the Third Application for Accountant's Compensation 129 Having been advised in the premises, the Court approves the Application in its entirety, and specifically approves the payment of $2,212.65 to Daniel T. Pleiss, C.P.A., as compensation for his services as the Receiver's accountant. Said amount is to be paid from the Disgorgement Fund as provided in the Court's Order of July 28, 2008 85 . Ordered by Judge Laurie Smith Camp. (KBJ)
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Filing
128
ORDER approving the Receiver's Third Status Report 126 . Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
127
ORDER (Expedited Briefing Schedule) regarding MOTION to Intervene 119 and MOTION for Determination of Marital Property Interest 120 filed by Michelle A Behrens. Plaintiff, Defendants, and the Receiver shall file responses to both motions no later than Monday, 7/27/2009. Michelle A. Behrens is given until and including 7/30/2009 to file reply briefs. Both motions will be deemed ripe for decision on 7/31/2009. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
116
ORDER granting 114 Application for Order of Sale. The Receiver is hereby authorized to sell the real property listed in this order for $50,000.00, free and clear of liens and other claims, and upon the terms and conditions set forth below and in the Purchase Agreement entered into between the Receiver and Ricky D. Hiatt. Any liens or other claims with respect to said real property to be sold shall attach to the proceeds of sale to the same extent and with the same priorities as they attach to the property to be sold. The proceeds from the sale of the real property shall be retained by the Receiver pending a determination of the priority of the rights thereto. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
113
ORDER APPROVING RECEIVER'S CLAIMS HANDLING PROCEDURE that the 112 Motion for Leave is approved. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
111
ORDER approving 108 Motion for Release of Funds; approving 110 Motion for Release of Funds; the court approves the payment of $9,795.87 to Thomas D. Stalnaker, Receiver, as compensation for his services and the services of members of his law firm, and reimbursement for expenses; and payment of $990.00 to Daniel T. Pleiss, C.P.A., as compensation for his services as the Receiver's accountant. Said amounts are to be paid from the Disgorgement Fund as provided in the Court's Order of July 28, 2008. (Filing No. 85). Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
107
MEMORANDUM AND ORDER granting 96 Motion to Stay Proceedings. All litigation and/or proceedings naming Bryan S. Behrens and/or National Investments, Inc., as parties shall be stayed, as against those parties, untilfurther order of this Court, with the following exceptions; The above-captioned case, SEC v. Behrens, et al., United States District Court for the District of Nebraska, Case No. 8:08cv13; Behrens v. Arch Insurance Company, United States District Court for the District of Nebraska, Ca se No. 8:08cv523; and Behrens v. Blunk, filed in the District Court of Douglas County, Nebraska, at Doc. 1090 No. 178. The Clerk of the Court is directed file this Order electronically in the following cases currently pending before this Court: Carl son v. Sunset Financial Services, Inc., 8:08cv324; Lustgraaf v. Sunset Financial Services, Inc., 8:08cv335; Katz v. Sunset Financial Services, Inc., 8:08cv347; Poole v. Sunset Financial Services, Inc., 8:08cv399; Lohrman v. Sunset Financial Services, Inc., 8:08cv422; Vacanti v. Sunset Financial Services, Inc., 8:08cv436; Green v. Sunset Financial Services, Inc., 8:09cv13; Vacanti v. Sunset Financial Services, Inc., 8:09cv44; and Behrens v. Arch Insurance Company, 8:08cv523. Additionally, the Cl erk of the Court is directed to e-mail this Order to the following: Patrick E. Brookhouser, Jr. at pbrookhouser@mcgathnorth.com, Richard Jeffries at rickjeffries@clinewilliams.com, John W. Shaw at jshaw@bowse-law.com, Nick J. Kurt at n kurt@bowse-law.com, Steven E. Achelpohl at achelpohl@usa.net, Thomas K. Harmon at harmonlaw@bigplanet.com, Tory M. Bishop at tory.bishop@kutakrock.com, Angela Probasco at angela.probasco@kutakrock.com. Ordered by Judge Laurie Smith Camp. (Copies emailed as directed)(MKR)
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Filing
95
ORDER approving 93 Application for Receiver's Compensation and Reimbursement of Expenses, and approving 94 Application for Accountant's Compensation. Ordered by Judge Laurie Smith Camp. (JB)
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Filing
92
ORDER regarding Status Report 91 filed by Thomas D. Stalnaker; the Court approves the Status Report in its entirety, and specifically approves the Receiver's retention of Daniel T. Pleiss, C.P.A., as the Receiver's accountant, and the ret ention of Domina Law Group, P.C., L.L.O., and David A. Domina as the Receiver's attorneys on the contingent fee arrangement and for purposes of the litigation set out in subparagraph G of the Status Report. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
90
ORDER granting 89 the Receiver's motion for order authorizing sale of real and personal property free and clear of liens. The Receiver is authorized to sell the real and personal property listed in this order for $220,000 free and clear of liens and other claims. The proceeds from the sale shall be retained by the Receiver pending a determination of the priority of the rights thereto. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
88
ORDER that the 87 Stipulation for Approval to Proceed with Foreclosure is approved and the relief requested is granted; the 86 Motion for approval to proceed with foreclosure is granted; Chase Home Finance LLC may proceed with foreclosure of its Deed of Trust with respect to the following described real estate located at 13032 Mullen Circle, Omaha, Nebraska and owned by Bryan S. Behrens: LOT ONE HUNDRED EIGHT-SIX (186), ROYAL WOOD ESTATES, AN ADDITION TO THE CITY OF OMAHA, AS SURVEYED, PLATTED AND RECORDED IN DOUGLAS COUNTY, NEBRASKA. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
53
ORDER - Pursuant to the terms of the Preliminary Injunction Order, the parites have agreed to the unfreezing of four accounts maintained at Gateway Community Bank and listed in this order. Gateway Community Bank shall provide a current account statement setting forth all activity in these accounts for the months of January and February 2008, to the SEC counsel of record, on or before 2/10/08 and 3/10/08, respectively. Ordered by Judge Laurie Smith Camp. (JAE, )
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