Poole et al v. Behrens et al
| Jean (JP) Poole and Dee Poole |
| Bryan S. Behrens and Sunset Financial Services, Inc. |
| 8:2008cv00399 |
| September 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 77 Securities Fraud |
| Plaintiff |
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Filing
328
IT IS ORDERED: The motions to withdraw filed by Victoria H. Buter as counsel of record on behalf of defendant Bryan S. Behrens, (8:08-cv-00399-JMG-CRZ Poole et al v. Behrens et al, (Filing No.327)); 8:08-cv-00436-JMG-CRZ Vacanti v. Sunset Financial Services, Inc. et al, (Filing No. 316)); 8:09-cv-00013-JMG-CRZ Green et al v. Sunset Financial Services, Inc. et al, (Filing No. 299)), are granted. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
292
ORDER - IT IS ORDERED that the Motion to Stay Pending Appeal, Fil. #50, is denied. Ordered by Judge Timothy J. Mahoney. (TCL )
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Filing
200
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)
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Filing
193
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)
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Filing
189
ORDER - The Motion for leave to depose Bryan S. Behrens 165 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) Modified on 5/20/2011 to edit a typo (KBJ).
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Filing
136
PROTECTIVE ORDER GOVERNING CONFIDENTIALITY, entered by agreement of the parties. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
130
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, )
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Filing
129
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
116
ORDER - The mandate of the United States Court of Appeals for the Eighth Circuit having issued today, reversing in part this Court's dismissal of Plaintiff's 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. (TCL )
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Filing
98
MEMORANDUM AND ORDER that the Motion to Dismiss filed by Defendant Kansas City Life Insurance Company, (Filing No. 78 ) is granted, with respect to Plaintiffs' claims against KC Life only; Plaintiffs Jean (J.P.) Poole and Dee Poole's claim s against Kansas City Life Insurance Company, identified in the Amended Complaint as Counts III, VI, and IX, are dismissed with prejudice; and Plaintiffs Jean (J.P.) Poole and Dee Poole'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. 88 ) is denied. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
93
ORDER - The Defendants Sunset Financial Services, Inc., and Kansas City LifeInsurance Company's Unopposed Motion to Extend Response Dates 92 is granted. The Defendant Sunset Financial Services, Inc., shall respond to the Plaintiffs' Moti on to Alter, Amend or Vacate the Court's March 23, 2009, Ruling to Permit the Filing of a Proposed Second Amended Complaint 84 by filing its brief and index of evidence, if any, on or before April 30, 2009. The Plaintiffs shall reply to the D efendant Sunset Financial Services, Inc.'s response to Plaintiff's Motion to Alter, Amend or Vacate 84 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 Plaintiffs response in opposition to Kansas City Life's Motion to Dismiss 78 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 P laintiffs' Motion for Leave to Amend 88 by filing its brief and index of evidence, if any, on or before April 30, 2009. The Plaintiffs shall reply to the Defendant Kansas City Life's response to Plaintiffs' Motion for Leave to Amend 88 by filing their brief and index of evidence, if any, on or before May 18, 2009. Ordered by Judge Laurie Smith Camp. (JAE)
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Filing
83
ORDER granting 82 Plaintiff's Motion to Extend. The Plaintiffs shall respond to the Defendant Kansas City Life's Motion to Dismiss 78 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
81
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. (Copies e-mailed as directed) (MKR)
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Filing
80
MEMORANDUM AND ORDER that Defendant Sunset Financial Services, Inc.'s Request for Judicial Notice 26 is granted. Defendant Sunset Financial Services, Inc.'s Motion to Enlarge Index of Exhibits 49 is granted. The Plaintiffs' Motion for Leave to File Surreply Brief 59 is granted and the attached brief is deemed filed instanter. The Motion to Dismiss filed by Defendant Sunset Financial Services, Inc., 24 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, V, and VIII, are dismissed without prejudice. Modified on 3/23/2009 to correct counts (JSF).
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Filing
66
ORDER denying 61 Motion to Strike Amended Complaint 52 . 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 24 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
55
ORDER regarding Amended Complaint 52 and MOTION to Dismiss 24 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; otherw ise, 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
46
ORDER granting 45 Motion to Extend Time to File Brief regarding 24 Motion to Dismiss and 26 Motion for Judicial Notice. 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 19, 2008. Ordered by Judge Laurie Smith Camp. (JAE, )
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Filing
44
ORDER granting 43 Motion to Extend Time to file Reply Brief. 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. (MKR)
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Filing
40
ORDER - The parties' Joint Motion to Extend Deadlines 39 is granted. 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 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. (JAE, )
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Filing
38
ORDER that the Plaintiffs' Unopposed Motion to Extend Deadline 37 isgranted; 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
36
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 24 filed by Sunset Financial Services, Inc. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
34
ORDER that the Plaintiffs' Unopposed Motion to Extend Deadline 33 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 17, 2008. Ordered by Judge Laurie Smith Camp. (CJP)
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Filing
32
ORDER - Plaintiffs and Defendant Bryan S. Behrens shall file their responses, if any, to Defendant Sunset Financial Services, Inc.'s motions 24 26 on or before November 7, 2008. Ordered by Judge Laurie Smith Camp. (JAE, )
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