Lustgraaf v. Behrens et al
Marlin Lustgraaf |
Bryan S. Behrens and Sunset Financial Services, Inc. |
8:2008cv00335 |
July 30, 2008 |
US District Court for the District of Nebraska |
8 Omaha Office |
Adams |
F. A. Gossett |
Laurie Smith Camp |
Securities/Commodities |
15 U.S.C. ยง 77 Securities Fraud |
Both |
Available Case Documents
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Filing 392 ORDER TO SHOW CAUSE - On or before August 23, 2013, any party may show cause why the Court should not enter final judgments in the above-captioned cases. Absent good cause shown, the Court may enter final judgments in these cases without further notice. The Clerk of the Court is directed to enter a show cause deadline of August 23, 2013. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ Ordered by Judge John M. Gerrard. (AOA) |
Filing 391 ORDER The moving parties' motions for dismissal with prejudice (case no. 8:08- cv-335 filing 390; case no. 8:08-cv-399 filing 385; case no. 8:09-cv-13 filing 356) are granted. The claims of Marlin Lustgraaf, Jean (J.P.) and Dee Poole, and Jo Ann Green against Sunset Financial Services are dismissed with prejudice, with the parties to bear their own costs and fees. The claims asserted by William Green and Sunset Financial Services' cross- claim against Behrens involving William Green's claim are not affected by this order. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:09-cv-00013-JMG-CRZOrdered by Judge John M. Gerrard. (MKR) |
Filing 389 ORDER granting the moving parties' Motions for dismissal [(388) Stipulation for Dismissal in case 8:08-cv-00335-JMG-CRZ; (383) Stipulation for Dismissal in case 8:08-cv-00399-JMG-CRZ and(354) Stipulation for Dismissal in case 8:09-cv-00013- JMG-CRZ ]. The claims of Marlin Lustgraaf, Jean (J.P.) and Dee Pole, JoAnn Green, and Sunset Financial Services against Bryan S. Behrens are dismissed without prejudice. The claims asserted by William Green and Sunset Financial Services' cross-claim against Behrens involving William Greens claims are not affected by this order. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:09-cv-00013-JMG-CRZOrdered by Judge John M. Gerrard. (MKR) |
Filing 387 ORDER granting the parties' (383) Motions for Leave in case 8:08-cv-00335-JMG-CRZ; (378) Motion for Leave in case 8:08-cv-00399-JMG-CRZ; granting (369) Motion for Leave in case 8:08-cv-00436-JMG-CRZ; granting (349) Motion for Leave in cas e 8:09-cv-00013-JMG-CRZ; granting (289) Motion for Leave in case 8:09-cv-00044-JMG-CRZ. The above captioned cases will not be referred to bankruptcy at this time. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:08-cv-00436-JMG-CRZ, 8:09-cv-00013-JMG-CRZ, 8:09-cv-00044-JMG-CRZOrdered by Judge John M. Gerrard. (MKR) |
Filing 380 ORDER - Based upon the representations of counsel that these cases have settled, the following motions are denied as moot, without prejudice to refiling should the parties be unable to finalize the settlement: Case no. 8:08cv00335: Filing Nos. 345, 346, 347 & 351; Case no. 8:08cv00399: Filing Nos. 342, 343, 344 & 348; Case no. 8:08cv00436: Filing Nos. 335, 336, 337 & 341; Case no. 8:09cv00013: Filing Nos. 314, 315, 316 & 320; Case no. 8:09cv00044: Filing Nos. 255, 256, 257 & 261; Ordered by Magistrate Judge Cheryl R. Zwart. (MKR) |
Filing 332 ORDER NUNC PRO TUNC - Paragraph 5 of the courts prior order, 329 , is set aside. If a motion is specific to less than all of the consolidated cases (e.g., a motion to substitute a party), the attorneys may file the motion in only the case or cases w hich may be impacted by the courts ruling on the motion without prior leave of the court. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:08-cv-00436-JMG-CRZ, 8:09-cv-00013-JMG-CRZ, 8:09-cv-00044-JMG-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (BHC) |
Filing 330 ORDER granting 328 Motion for Leave to depose defendant Bryan Behrens, an inmate in case 8:08-cv-00335-JMG-CRZ Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:08-cv-00436-JMG-CRZ, 8:09-cv-00013-JMG-CRZ, 8:09-cv-00044-JMG-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl). |
Filing 315 RECUSAL ORDER on the court's own motion pursuant to 28 U.S. C. § 455(a), which states: "Any... judge... of the United States shall disqualify [her]self in anyproceeding in which [her] impartiality might reasonably be questioned." While the impartiality of the undersigned in all actions taken in this case up to this date would not reasonably be subject to question, disqualification from future involvement in the case is warranted under 28 U.S.C. § 455(a). Accordingly, the undersigned Judge does recuse herself from the above-designated case. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
Filing 309 ORDER - The Motions to Set an Expedited Briefing Schedule are granted, as follows: a. SFS shall respond to the Plaintiffs Motions to Dismiss on or before December 17, 2012. b. The Plaintiffs shall reply to SFSs response to the Motions to Dismiss o n or before December 27, 2012; and Briefs with respect to SFS's appeal will not be requested at this time. A briefing schedule will be set, if necessary, after the Court rules on the Plaintiffs Motions to Dismiss. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
Filing 306 MEMORANDUM AND ORDER denying the following Motions for Reconsideration Pursuant to Fed R.Civ. Pro 60(b), filed by Defendant Sunset Financial Services, Inc.: Denying(281) Motion for Reconsideration in case 8:08-cv-00335-LSC-FG3; denying (276) Moti on for Reconsideration in case 8:08-cv-00399-LSC-FG3; denying (266) Motion for Reconsideration in case 8:08-cv-00436-LSC-FG3; denying (243) Motion for Reconsideration in case 8:09-cv-00013-LSC-FG3; denying (190) Motion for Reconsideration in case 8:09-cv-00044-LSC-FG3 Ordered by Chief Judge Laurie Smith Camp. (MKR) |
Filing 297 ORDER - IT IS ORDERED that the Motion to Stay Pending Appeal, Fil. #53, is denied. Ordered by Judge Timothy J. Mahoney. (TCL ) |
Filing 280 ORDER adopting (276) Findings and Recommendation in case 8:08-cv-00335-LSC-FG3; adopting (273) Findings and Recommendation in case 8:08-cv-00399-LSC-FG3; adopting (264) Findings and Recommendation in case 8:08-cv-00436-LSC-FG3; adopting (240) Fin dings and Recommendation in case 8:09-cv-00013-LSC-FG3 and adopting (188) Findings and Recommendation in case 8:09-cv-00044-LSC-FG3. The following Orders of reference to the U.S. Bankruptcy Court for the District of Nebraska are withdrawn: a. Cas e No. 8:08CV335, Filing No. 275; b. Case No. 8:08CV399, Filing No. 272; c. Case No. 8:08CV436, Filing No. 263; d. Case No. 8:09CV13, Filing No. 239; e. Case No. 8:09CV44, Filing No. 187; and The above captioned actions shall progress in this Court. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
Filing 279 ORDER granting Victoria H. Buter's 278 Motion to Withdraw as Attorney. 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. (MKR) |
Filing 275 AMENDED ORDER - These cases are referred to the United States Bankruptcy Court for the District of Nebraska; These cases shall be terminated for statistical purposes by the Clerk of the Court for the District of Nebraska; and The Clerk of the Court for the District of Nebras ka shall transmit the court files to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
Filing 271 ORDER granting in part (246) Motion to Compel in case 8:08-cv-00335-LSC-FG3; granting in part (243) Motion to Compel in case 8:08-cv-00399-LSC-FG3; granting in part (233) Motion to Compel in case 8:08-cv-00436-LSC-FG3; granting in part (211) Motion to Compel in case 8:09-cv-00013-LSC-FG3; and granting in part (160) Motion to Compel in case 8:09-cv-00044-LSC-FG3. Bryan Behrens is hereby ordered to appear for deposition at a time mutually agreeable between the parties. Bryan Behrens sh all not invoke the Fifth Amendment as to matters related to the claims in the instant cases. Any testimony by Behrens shall be subject to the confidentiality order entered in these cases. The court will not rule with respect to any purported waiver of the attorney client privilege in advance of Behrens deposition. Ordered by Magistrate Judge F.A. Gossett. (MKR) |
Filing 254 ORDER regarding Plaintiffs' Motion to Compel Testimony from Bryan Behrens. By or before April 5, 2012, Sunset may, if it desires, file a brief in support of Plaintiffs Motion to Compel. Bryan Behrens may file his brief responding to Plaintiffs and Sunsets briefs by or before April 16, 2012. Ordered by Magistrate Judge F.A. Gossett. (MKR) |
Filing 216 ORDER granting the Plaintiff's (215) Motion for Leave in case 8:08-cv-00335-LSC-FG3; granting (213) Motion for Leave in case 8:08-cv-00399-LSC-FG3; granting (203) Motion for Leave in case 8:08-cv-00436-LSC-FG3; granting (167) Motion for Leav e in case 8:09-cv-00013-LSC-FG3 and granting (131) Motion for Leave in case 8:09-cv-00044-LSC-FG3. The Warden of the Federal Correctional Institution in Terra Haute shall produce Bryan S. Behrens for deposition by Plaintiffs and by Defendant Suns et Financial Services Inc. at the Federal Correctional Institution in Terra Haute beginning February 20, 2012 or at another date and time to be determined after consultation with the appropriate personnel of the Federal Bureau of Prisons and consu ltation among counsel for the parties. The deposition(s) shall not be limited to the seven hour or one day periods referenced in Federal Rule of Civil Procedure 30(d)(1). Plaintiffs and Sunset Financial Services Inc.s deposition(s) of Bryan S. Beh rens shall be taken for use at trial and for all purposes permitted under the Federal Rules of Civil Procedure, shall be recorded by stenographic means, and may be videotaped. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to Warden at FCI-Terra Haute)(MKR) |
Filing 201 ORDER - Defendant Sunset Financial Services, Inc's motion for leave to amend to file crossclaims (Case No. 8:08CV335, filing 170 ; Case No. 8:08CV00399, filing 169; Case No. 8:08CV00436, filing 160; Case No. 8:09CV00013, filing 122; Case No. 8:09CV00044, filing 87) is granted. Sunset shall file its cross-claims by or before July 15, 2011. Ordered by Magistrate Judge F.A. Gossett. (KBJ) |
Filing 194 ORDER - Plaintiffs' motion for leave to file a sur-reply brief is granted. (Case No. 8:08CV00335, filing 193 ; Case No. 8:08CV00399, filing 192; Case No.8:08CV00436, filing 183; Case No. 8:09CV00013, filing 145; Case No. 8:09CV00044, filing 110). The court hereby takes notice of Plaintiffs' proposed brief, which was submitted with the present motion. Ordered by Magistrate Judge F.A. Gossett. (KBJ) |
Filing 190 ORDER - The Motion for leave to depose Bryan S. Behrens 166 is granted. Plaintiffs and Defendant Sunset Financial Services Inc. are granted leave of this court to depose Bryan S. Behrens as set forth in this order. Ordered by Magistrate Judge F.A. Gossett. (KBJ) |
Filing 136 PROTECTIVE ORDER GOVERNING CONFIDENTIALITY, entered by agreement of the parties. Ordered by Magistrate Judge F.A. Gossett. (CLS, ) |
Filing 129 SCHEDULING ORDER. Rule 26(f) planning report due 1/10/2011; proposed protective order(s) due 1/10/2011; Rule 26(a)(1) initial disclosures due 1/24/2011. 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, ) |
Filing 128 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) |
Filing 116 ORDER - The mandate of the United States Court of Appeals for the Eighth Circuit having issued today, reversing in part this Courts dismissal of Plaintiffs action, the Plaintiff shall file an amended Complaint consistent with the ruling of the Court of Appeals on or before September 28, 2010, and Defendants shall respond within fourteen days after service of the amended Complaint. Ordered by Judge Laurie Smith Camp. (KBJ) |
Filing 102 MEMORANDUM AND ORDER - IT IS ORDERED: 1. Plaintiff Marlin Lustgraafs Unopposed Motion for Entry of Judgment under Federal Rule of Civil Procedure 54(b), 98 , is granted; and 2. A separate Judgment will be entered dismissing Sunset Financial Services, Inc., and Kansas City Life Insurance Company.Ordered by Judge Laurie Smith Camp. (PCV, ) |
Filing 96 MEMORANDUM AND ORDER granting 77 that the Motion to Dismiss filed by Defendant Kansas City Life Insurance Company, (Filing No. 77 ) is granted, with respect to Plaintiff Marlin Lustgraaf's claims against KC Life only; Plaintiff Marlin Lustgra af's claims against Kansas City Life Insurance Company, identified in the Amended Complaint as Counts III, VII, and X, are dismissed, with prejudice; and Plaintiff Marlin Lustgraaf's Motion for Leave to Amend as to Defendant Kansas City Life Insurance Co. if the Court Grants Kansas City Life's Motion to Dismiss (Filing No. 86 ) is denied. Ordered by Judge Laurie Smith Camp. (ADB, ) |
Filing 91 ORDER granting 90 Motion to Extend Response Dates for Defendants Sunset Financial Services, Inc., and Kansas City Life Insurance Company. The Defendant Sunset Financial Services, Inc., shall respond to the Plaintiffs Motion to Alter, Amend or Vaca te the Courts March 23, 2009, Ruling to Permit the Filing of a Proposed Second Amended Complaint (Filing No. 83 ) by filing its brief and index of evidence, if any, on or before April 30, 2009; The Plaintiff shall reply to the Defendant Sunset Finan cial Services, Inc.s response to Plaintiffs Motion to Alter, Amend or Vacate (Filing No. 83 ) by filing his brief and index of evidence, if any, on or before May 18, 2009; The Defendant Kansas City Life Insurance Company shall reply to the Plaintiff s response in opposition to Kansas City Lifes Motion to Dismiss (Filing No. 77 ) by filing its brief and index of evidence, if any, on or before April 30, 2009; The Defendant Kansas City Life Insurance Company shall respond to the Plaintiffs Motion for Leave to Amend (Filing No. 86) by filing its brief and index of evidence, if any, on or before April 30, 2009; and The Plaintiff shall reply to the Defendant Kansas City Lifes response to Plaintiffs Motion for Leave to Amend (Filing No. 86 ) by filing his brief and index of evidence, if any, on or before May 18, 2009. Ordered by Judge Laurie Smith Camp. (MKR) |
Filing 82 ORDER granting 81 Plaintiff's Motion for Extension of Time. The Plaintiff shall respond to the Defendant Kansas City Life's Motion to Dismiss 77 by filing his brief and index of evidence, if any, on or before April 13, 2009. Ordered by Judge Laurie Smith Camp. (MKR) |
Filing 80 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) |
Filing 79 MEMORANDUM AND ORDER that Defendant Sunset Financial Services, Inc.'s Request for Judicial Notice 22 is granted. Defendant Sunset Financial Services, Inc.'s Motion to Enlarge Index of Exhibits 49 is granted. The Plaintiff Marlin Lustgra af's Motion for Leave to File Surreply Brief 58 is granted and the attached brief is deemed filed instanter. The Motion to Dismiss filed by Defendant Sunset Financial Services, Inc., 20 is granted, with respect to Plaintiff Marlin Lustgraaf's claims against Sunset only. The Plaintiff Marlin Lustgraaf's claims against Sunset Financial Services, Inc., identified in the Amended Complaint as Counts II, VI, and IX, are dismissed without prejudice. |
Filing 66 ORDER denying 61 Motion to Strike Amended Complaint 51 . 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 20 as applied to the Amended Complaint, and Sunset need not refile the motion. Ordered by Magistrate Judge F. A. Gossett. (CLS, ) |
Filing 54 ORDER regarding Amended Complaint 51 and MOTION to Dismiss 20 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 1/27/2009; otherwi se, 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.Case Management Deadline set for 1/27/2009.Ordered by Magistrate Judge F. A. Gossett. (CLS, ) |
Filing 44 ORDER granting 43 The Defendant Sunset Financial Services, Inc's Unopposed Motion to Extend time. The Defendant shall reply to the Plaintiff's responses by filing its brief and index of evidence, if any, on or before December 19, 2008. Ordered by Judge Laurie Smith Camp. (MKR) |
Filing 42 ORDER granting 41 Motion to Extend Time to file Reply Brief. The Defendant Sunset Financial Services, Inc. shall reply to the Plaintiff's responses by filing its brief and index of evidence, if any, on or before December 16, 2008. Ordered by Judge Laurie Smith Camp. (MKR) |
Filing 38 ORDER granting 37 the parties Joint Motion to Extend. The Plaintiff shall respond to the Defendants Motion to Dismiss and Motion for Judicial Notice by filing his brief and index of evidence, if any, on or before November 26, 2008; and The Defendant Sunset Financial Services, Inc. shall reply to Plaintiffs responses by filing its brief and index of evidence, if any, on or before December 12, 2008. Ordered by Judge Laurie Smith Camp. (MKR) |
Filing 36 ORDER granting 35 the Plaintiff's Motion to Extend deadline. The Plaintiff shall respond to the Defendant's Motion to Dismiss and Motion for Judicial Notice by filing his brief and index of evidence, if any, on or before November 24, 2008. Ordered by Judge Laurie Smith Camp. (MKR) |
Filing 34 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 20 filed by Sunset Financial Services, Inc. Ordered by Magistrate Judge F. A. Gossett. (CLS, ) |
Filing 32 ORDER granting 31 Motion to Extend; plaintiff shall respond to defendant's MOTION to Dismiss 20 and MOTION 22 by filing his brief and index of evidence, if any, on or before November 17, 2008. Ordered by Judge Laurie Smith Camp. (ADB, ) |
Filing 30 ORDER - Plaintiff and Defendant Bryan S. Behrens shall file their responses, if any, to Defendant Sunset Financial Services, Inc.'s motions 20 22 on or beforeNovember 7, 2008. Ordered by Judge Laurie Smith Camp. (JAE, ) |
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