Carlson et al v. Sunset Financial Services, Inc. et al
Plaintiff: Larry Carlson and Leslie Berry
Defendant: Sunset Financial Services, Inc. and Bryan S. Behrens
Case Number: 8:2008cv00324
Filed: July 28, 2008
Court: US District Court for the District of Nebraska
Office: Securities/Commodities Office
County: Douglas
Presiding Judge: F. A. Gossett
Presiding Judge: Laurie Smith Camp
Nature of Suit: Both
Cause of Action: Federal Question
Jury Demanded By: 15:77 Securities Fraud

Available Case Documents

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Date Filed Document Text
April 18, 2012 Opinion or Order Filing 141 ORDER approving 140 the parties' Joint Stipulation for Dismissal Without Prejudice. All claims in these actions are dismissed, without prejudice. The Court will not assess costs or attorneys fees in these cases. Ordered by Chief Judge Laurie Smith Camp. (JSF)
December 20, 2010 Opinion or Order Filing 126 SCHEDULING ORDER. Rule 26(f) planning report due 1/10/2011. The conference now set for 1/18/2011 at 9:30 AM will be held as previously scheduled. The Receiver may, but is not required to, participate in the conference. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
December 15, 2010 Opinion or Order Filing 125 ORDER LIFTING STAY - The stay entered on March 4, 2009, is hereby dissolved to the extent the stay applies to lawsuits filed by the moving investors. The Clerk of the Court is directed to file this order electronically in the following cases: 8:08cv 324 Carlson v. Sunset Financial Services 8:08cv335 Lustgraaf v. Sunset Financial Services 8:08cv347 Katz v. Sunset Financial Services 8:08cv399 Poole v. Sunset Financial Services 8:08cv422 Lohrman v. Sunset Financial Services 8:08cv436 Vacanti v. Sunset Financial Services 8:09cv013 Green v. Sunset Financial Services 8:08cv044 Vacanti v. Sunset Financial Services 8:08cv523 Behrens v. Arch Insurance Company. Ordered by Judge Laurie Smith Camp. (KBJ)
November 24, 2010 Opinion or Order Filing 121 ORDER. The above-captioned cases are set for a consolidated planning conference to be held on Friday, December 10, 2010 at 9:30 a.m. The conference will be held by telephone conference call to be initiated by counsel for plaintiff, Marlin Lustgraaf. (Planning Conference set for 12/10/2010 at 9:30 AM by telephone before Magistrate Judge F.A. Gossett.) Ordered by Magistrate Judge F.A. Gossett. (CLS, )
July 17, 2009 Opinion or Order Filing 105 MEMORANDUM AND ORDER that the 86 Motion to Dismiss filed by Defendant Kansas City Life Insurance Company is granted, with respect to Plaintiffs' claims against KC Life only; Plaintiffs Larry Carlson and Leslie Berry's claims against Kansa s City Life Insurance Company, identified in the Amended Complaint as Counts III, VII, and X, are dismissed with prejudice; and Plaintiffs Larry Carlson and Leslie Berry's 95 Motion for Leave to Amend as to Defendant Kansas City Life Insurance Co. if the Court Grants Kansas City Life's Motion to Dismiss is denied. Ordered by Judge Laurie Smith Camp. (ADB, )
April 22, 2009 Opinion or Order Filing 100 ORDER granting 99 Motion to Extend ; Defendant Sunset Financial Services, Inc., shall respond to the Plaintiffs' 92 Motion to Alter, Amend or Vacate by filing its brief and index of evidence, if any, on or before April 30, 2009; Plaintiffs s hall reply to the Defendant Sunset Financial Services, Inc.'s response to Plaintiffs' Motion to Alter, Amend or Vacate (Filing No. 92 ) by filing their brief and index of evidence, if any, on or before May 18, 2009; Defendant Kansas City L ife Insurance Company shall reply to the Plaintiffs' response in opposition to Kansas City Life's 86 Motion to Dismiss by filing its brief and index of evidence, if any, on or before April 30, 2009; Defendant Kansas City Life Insurance Co mpany shall respond to the Plaintiffs' 95 Motion for Leave by filing its brief and index of evidence, if any, on or before April 30, 2009; Plaintiffs shall reply to the Defendant Kansas City Life's response to Plaintiffs' Motion for Leave to Amend (Filing No. 95 ) by filing their brief and index of evidence, if any, on or before May 18, 2009. Ordered by Judge Laurie Smith Camp. (ADB, )
March 31, 2009 Opinion or Order Filing 91 ORDER granting 90 Motion to Extend. The plaintiffs shall respond to the defendant Kansas City Life's motion to dismiss 86 by filing their brief and index of evidence, if any, by 4/13/09. Ordered by Judge Laurie Smith Camp. (JSF)
March 24, 2009 Opinion or Order Filing 89 MEMORANDUM AND ORDER granting 96 Motion to Stay Proceedings (in 8:08cv13). 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, Case 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: Carlson 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 Financi al 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. Additiona lly, the Clerk 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 nkurt@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. (MKR)
March 23, 2009 Opinion or Order Filing 88 MEMORANDUM AND ORDER that Defendant Sunset Financial Services, Inc.'s Request for Judicial Notice 31 is granted. Defendant Sunset Financial Services, Inc.'s Motion to Enlarge Index of Exhibits 57 is granted. The Plaintiffs' Motion for Leave to File Surreply Brief 67 is granted and the attached brief is deemed filed instanter. The Motion to Dismiss filed by Defendant Sunset Financial Services, Inc., 29 is granted, with respect to Plaintiffs' claims against Sunset only. The Plaintiffs' claims against Sunset Financial Services, Inc., identified in the Amended Complaint as Counts II, VI, and IX, are dismissed without prejudice. Ordered by Judge Laurie Smith Camp. (JSF)
February 2, 2009 Opinion or Order Filing 75 ORDER denying 70 Motion to Strike Amended Complaint 60 . The Amended Complaint was properly filed as of right, pursuant to Fed. R. Civ. P. 15(a), on 1/12/2009. Because the plaintiffs' allegations and causes of action against Sunset have remained unchanged, the district court will rule on Sunset's pending motion to dismiss 29 as applied to the Amended Complaint, and Sunset need not refile the motion. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
January 13, 2009 Opinion or Order Filing 63 SCHEDULING ORDER regarding Amended Complaint 60 and MOTION to Dismiss 29 filed by Sunset Financial Services, Inc. Any objections based on Fed. R. Civ. P. 15, 20 and/or 21 to the filing of the Amended Complaint shall be filed no later than 1/27/2 009; otherwise, any such objections will be deemed waived. Sunset Financial Services, Inc. shall separately file a supplemental brief, or a notice or other appropriate communication, addressing the issue of whether the filing of the Amended Complaint has any bearing on its pending Motion to Dismiss. Said document shall be filed no later than 1/27/2009.Ordered by Magistrate Judge F. A. Gossett. (CLS, )
December 11, 2008 Opinion or Order Filing 54 ORDER granting 53 Motion to Extend ; Defendant Sunset Financial Services, Inc. shall reply to the Plaintiffs' responses by filing its brief and index of evidence, if any, on or before December 19, 2008. Ordered by Judge Laurie Smith Camp. (ADB, )
December 9, 2008 Opinion or Order Filing 52 ORDER granting 51 Motion to Extend. Defendant Sunset Financial Services, Inc. shall reply to the Plaintiffs' responses by filing its brief and index of evidence, if any, by 12/16/08. Ordered by Judge Laurie Smith Camp. (JSF)
November 24, 2008 Opinion or Order Filing 45 ORDER granting 44 Motion to Extend Deadlines. Plaintiffs shall respond to defendant's motion to dismiss and motion for judicial notice by filing their brief and index of evidence, if any, by 11/26/08. The defendant Sunset Financial Services, Inc. shall reply to plaintiffs' responses by filing its brief and index of evidence, if any, by 12/12/08. Ordered by Judge Laurie Smith Camp. (JSF) Modified on 12/1/2008 to correct deadline date (JSF).
November 17, 2008 Opinion or Order Filing 43 ORDER granting 42 Motion to Extend Deadline. The plaintiffs shall respond to the defendant's motion to dismiss and motion for judicial notice by filing their brief and index of evidence, if any, by 11/24/08. Ordered by Judge Laurie Smith Camp. (JSF)
November 3, 2008 Opinion or Order Filing 41 ORDER. The parties shall complete their conference pursuant to Fed. R. Civ. P. 26(f) and file their planning report with the court within 21 days after the district court rules on the Motion to Dismiss 29 filed by Sunset Financial Services, Inc. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
October 31, 2008 Opinion or Order Filing 39 ORDER granting 38 Motion to Extend; the plaintiffs shall respond to the MOTION 31 and MOTION to Dismiss 29 by filing their brief and index of evidence, if any, on or before November 17, 2008. Ordered by Judge Laurie Smith Camp. (ADB, )
October 22, 2008 Opinion or Order Filing 37 ORDER that the Clerk is directed to edit the docket text to reflect that Filing No. 31 is a Motion for Judicial Notice of the attached exhibits; and Plaintiffs and Defendant Bryan S. Behrens shall file their responses, if any, to Defendant Sunset Financial Services, Inc.'s motions 29 and 31 by 11/7/08. Ordered by Judge Laurie Smith Camp. (JSF)
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Plaintiff: Larry Carlson
Represented By: Edward G. Warin
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Plaintiff: Leslie Berry
Represented By: Edward G. Warin
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Defendant: Sunset Financial Services, Inc.
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Defendant: Bryan S. Behrens
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