Lohrman et al v. Sunset Financial Services, Inc. et al
| Sharon Lohrman and Robert Lohrman |
| Sunset Financial Services, Inc. and Bryan S. Behrens |
| 8:2008cv00422 |
| September 19, 2008 |
| U.S. District Court for the District of Nebraska |
| Securities/Commodities Office |
| Douglas |
| F. A. Gossett |
| Laurie Smith Camp |
| Plaintiff |
| Federal Question |
| 15:77 Securities Fraud |
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The following documents for this case are available for you to view or download:
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Filing
124
ORDER approving 123 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
111
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
110
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
106
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
89
MEMORANDUM AND ORDER that the Motion to Dismiss filed by Defendant Kansas City Life Insurance Company, (Filing No. 70 ) is granted, with respect to Plaintiffs' claims against KC Life only; Plaintiffs Sharon Lohrman and Robert Lohrman's cla ims against Kansas City Life Insurance Company, identified in the Amended Complaint as Counts III, VI, and IX, are dismissed with prejudice; and Plaintiffs Sharon Lohrman and Robert Lohrman'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. 79 ) is denied. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
84
ORDER granting 83 Motion to Extend ; Defendant Sunset Financial Services, Inc., shall respond to the Plaintiffs 76 Motion to Alter, Amend or Vacate the Court's March 23, 2009, Ruling to Permit the Filing of a Proposed Second Amended Complain t by filing its brief and index of evidence, if any, on or before April 30, 2009; Plaintiffs shall reply to the Defendant Sunset Financial Services, Inc.'s response to Plaintiff's Motion to Alter, Amend or Vacate (Filing No. 76 ) by filing their brief and index of evidence, if any, on or before May 18, 2009; Defendant Kansas City Life Insurance Company shall reply to the Plaintiffs' response in opposition to Kansas City Life's 70 Motion to Dismiss by filing its brief and i ndex of evidence, if any, on or before April 30, 2009; Plaintiffs shall reply to the Defendant Kansas City Life's response to Plaintiffs' 79 Motion for Leave by filing their brief and index of evidence, if any, on or before May 18, 2009. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
75
ORDER granting 74 Motion to Extend. The plaintiffs shall respond to the defendant Kansas City Life's motion to dismiss 70 by filing their brief and index of evidence, if any, by 4/13/09. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
73
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
72
MEMORANDUM AND ORDER that Defendant Sunset Financial Services, Inc.'s Request for Judicial Notice 19 is granted. Defendant Sunset Financial Services, Inc.'s Motion to Enlarge Index of Exhibits 42 is granted. The Plaintiffs' Motion for Leave to File Surreply Brief 51 is granted and the attached brief is deemed filed instanter. The Motion to Dismiss filed by Defendant Sunset Financial Services, Inc., 17 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
58
ORDER denying 53 Motion to Strike Amended Complaint 44 . 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 17 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
47
ORDER regarding MOTION to Dismiss 17 filed by Sunset Financial Services, Inc. and Amended Complaint 44 . 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; other wise, 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
39
ORDER granting 38 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, )
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Filing
37
ORDER granting 36 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)
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Filing
33
ORDER granting 32 Motion to Extend Deadlines. The 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)
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Filing
31
ORDER granting 30 Motion to Extend Deadline. The 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 11/24/08. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
29
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 17 filed by Sunset Financial Services, Inc. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
27
ORDER granting 26 Motion to Extend; the plaintiffs shall respond to the MOTION to Dismiss 17 and MOTION 19 by filing their brief and index of evidence, if any, on or before November 17, 2008. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
25
ORDER that the Clerk is directed to edit the docket text to reflect that Filing No. 19 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 17 and 19 by 11/7/08. Ordered by Judge Laurie Smith Camp. (JSF)
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