Katz et al v. Sunset Financial Services, Inc. et al
| Marilyn Katz and Phillip Bliss |
| Sunset Financial Services, Inc. and Bryan S. Behrens |
| 8:2008cv00347 |
| August 4, 2008 |
| US District Court for the District of Nebraska |
| Securities/Commodities Office |
| Adams |
| F. A. Gossett |
| Laurie Smith Camp |
| Both |
| Federal Question |
| 15:77 Securities Fraud |
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Filing
126
ORDER approving 125 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)
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Filing
113
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, )
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Filing
112
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 Services8:09cv013 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)
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Filing
108
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 09:30 AM by telephone before Magistrate Judge F.A. Gossett.) Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
94
MEMORANDUM AND ORDER that the Motion to Dismiss filed by Defendant Kansas City Life Insurance Company, (Filing No. 74 ) is granted, with respect to Plaintiffs' claims against KC Life only; Plaintiffs Marilyn Katz and Phillip Bliss's claims against Kansas City Life Insurance Company, identified in the Amended Complaint as Counts III, VII, and X, are dismissed with prejudice; and Plaintiffs Marilyn Katz and Phillip Bliss'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. 83 ) is denied. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
88
ORDER granting 87 Motion to Extend Response deadlines as to Defendants Sunset Financial Services, In. and Kansas City Life Insurance Company. The Defendant Sunset Financial Services, Inc., shall respond to the Plaintiffs Motion to Alter, Amend or Vacate the Courts March 23, 2009, Ruling to Permit the Filing of a Proposed Second Amended Complaint (Filing No. 80) by filing its brief and index of evidence, if any, on or before April 30, 2009; The Plaintiffs shall reply to the Defendant Sunset Fi nancial Services, Inc.s response to Plaintiffs Motion to Alter, Amend or Vacate (Filing No. 80 ) by filing their brief and index of evidence, if any, on or before May 18, 2009; The Defendant Kansas City Life Insurance Company shall reply to the Plai ntiffs response in opposition to Kansas City Lifes Motion to Dismiss (Filing No. 74 ) 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 Mo tion for Leave to Amend (Filing No. 83) by filing its brief and index of evidence, if any, on or before April 30, 2009; and 6. The Plaintiffs shall reply to the Defendant Kansas City Lifes response to Plaintiffs Motion for Leave to Amend (Filing No. 83 ) by filing their brief and index of evidence, if any, on or before May 18, 2009. Ordered by Judge Laurie Smith Camp. (MKR)
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Filing
79
ORDER - The Plaintiffs' Motion for Extension of Time 78 is granted. The Plaintiffs shall respond to the Defendant Kansas City Life's Motion to Dismiss 74 by filing their brief and index of evidence, if any, on or before April 13, 2009. Ordered by Judge Laurie Smith Camp. (JAE)
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Filing
77
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)
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Filing
76
MEMORANDUM AND ORDER that Defendant Sunset Financial Services, Inc.'s Request for Judicial Notice 23 is granted. Defendant Sunset Financial Services, Inc.'s Motion to Enlarge Index of Exhibits 47 is granted. The Plaintiffs' Motion for Leave to File Surreply Brief 56 is granted and the attached brief is deemed filed instanter. The Motion to Dismiss filed by Defendant Sunset Financial Services, Inc., 21 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.
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Filing
63
ORDER denying 58 Motion to Strike Amended Complaint 49 . 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 21 as applied to the Amended Complaint, and Sunset need not refile the motion. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
52
ORDER regarding plaintiffs' Amended Complaint 49 and MOTION to Dismiss 21 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; 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. Case Management Deadline set for 1/27/2009. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
44
ORDER - The Defendant Sunset Financial Services, Inc.'s Unopposed Motion forExtension of Time Filing No. 43 is granted; and The Defendant Sunset Financial Services, Inc. shall reply to the Plaintiffsresponses by filing its brief and index of evidence, if any, on or beforeDecember 19, 2008.Ordered by Judge Laurie Smith Camp. (TJS)
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Filing
42
ORDER granting 41 Motion to Extend. The 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 16, 2008. Ordered by Judge Laurie Smith Camp. (PCV, )
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Filing
37
ORDER granting 36 Joint Motion to Extend Deadlines. The Plaintiffs shall respond to the Defendant's Motion to Dismiss and Motion for Judicial Notice by fiing filing their brief and index of evidence, if any, on or before November 26, 2008. 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)
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Filing
35
ORDER that the Plaintiffs' Unopposed Motion to Extend Deadline 34 is granted; and 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, on or before November 24, 2008. Ordered by Judge Laurie Smith Camp. (CJP)
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Filing
33
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 21 filed by Sunset Financial Services, Inc. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
31
ORDER granting 30 Motion to Extend. IT IS ORDERED:1. The Plaintiffs Unopposed Motion to Extend Deadline (Filing No. 30) isgranted; and2. The Plaintiffs shall respond to the Defendants Motion to Dismiss and Motionfor Judicial Notice by filing their brief and index of evidence, if any, on orbefore November 17, 2008. Ordered by Judge Laurie Smith Camp. (PCV, )
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Filing
29
ORDER - The Clerk of the Court is directed to edit the docket text to reflect that FilingNo. 23 is a Motion for Judicial Notice of the attached exhibits. Plaintiffs and Defendant Bryan S. Behrens shall file their responses, if any, to Defendant Sunset Financial Services, Inc.'s motions 21 23 on or before November 7, 2008.Ordered by Judge Laurie Smith Camp. (JAE, )
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