Vacanti v. Sunset Financial Services, Inc. et al
| Milo Vacanti |
| Sunset Financial Services, Inc. and Bryan S. Behrens |
| 8:2008cv00436 |
| September 30, 2008 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Douglas |
| F. A. Gossett |
| Laurie Smith Camp |
| Securities/Commodities |
| 15 U.S.C. ยง 77 Securities Fraud |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
377
ORDER - The moving parties' stipulation and joint motions for dismissal with prejudice (case no. 8:08-cv-436 filing 376; case no. 8:09-cv-44 filing 296) are granted. The plaintiff's claims against Sunset Financial Services are dismissed with prejudice, each party to bear its attorney fees and costs. All claims having been dismissed, this case is closed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (MKR )
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Filing
375
ORDER granting the moving parties' stipulation and joint motions for dismissal without prejudice re: (374) Stipulation for Dismissal in case 8:08-cv-00436-JMG-CRZ and Stipulation for Dismissal in case 8:09-cv-00044-JMG-CRZ. The plaintiff's claims and Sunset Financial Services' cross-claims against Bryan S. Behrens are dismissed without prejudice. Ordered by Judge John M. Gerrard. (MKR, )
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Filing
282
ORDER - IT IS ORDERED that the Motion to Stay Pending Appeal, Fil. #49, is denied. Ordered by Judge Timothy J. Mahoney. (TCL )
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Filing
191
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
184
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
180
ORDER - The Motion for leave to depose Bryan S. Behrens 156 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)
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Filing
127
PROTECTIVE ORDER GOVERNING CONFIDENTIALITY, entered by agreement of the parties. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
121
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
120
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
107
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 the amended complaint. ***Set All Deadlines: ( Amended Complaint due by 9/28/2010.) Ordered by Judge Laurie Smith Camp. (MKR)
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Filing
90
MEMORANDUM AND ORDER that the Motion to Dismiss filed by Defendant Kansas City Life Insurance Company, (Filing No. 69 ) is granted, with respect to Plaintiff Milo Vacanti's claims against KC Life only; Plaintiff Milo Vacanti's claims again st Kansas City Life Insurance Company, identified in the Amended Complaint as Counts III, VI, and IX, are dismissed with prejudice; Plaintiff Milo Vacanti'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 - The Defendants Sunset Financial Services, Inc., and Kansas City LifeInsurance Company's Unopposed Motion to Extend Response Dates (Filing No. 83 )is granted. The Defendant Sunset Financial Services, Inc., shall respond to the Plaintiff& #039;s Motion to Alter, Amend or Vacate the Courts March 23, 2009, Ruling to Permit the Filing of a Proposed Second Amended Complaint (Filing No. 75 ) by filing its brief and index of evidence, if any, on or before April 30, 2009. The Plaintiff shal l reply to the Defendant Sunset Financial Services, Inc.'s response to Plaintiffs Motion to Alter, Amend or Vacate (Filing No. 75) by filing his brief and index of evidence, if any, on or before May 18, 2009. The Defendant Kansas City Life Insur ance Company shall reply to the Plaintiff's response in opposition to Kansas City Life's Motion to Dismiss (Filing No. 69 ) by filing its brief and index of evidence, if any, on or before April 30, 2009. The Defendant Kansas City Life In surance Company shall respond to the Plaintiff's Motion for Leave to Amend (Filing No. 79 ) by filing its brief and index of evidence, if any, on or before April 30, 2009. The Plaintiff shall reply to the Defendant Kansas City Life's response to Plaintiffs' Motion for Leave to Amend (Filing No. 79 ) by filing his brief and index of evidence, if any, on or before May 18, 2009. Ordered by Judge Laurie Smith Camp. (TCL)
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Filing
74
ORDER - The Plaintiff's Motion for Extension of Time (Filing No. 73 ) is granted; and The Plaintiff shall respond to the Defendant Kansas City Life's Motion to Dismiss (Filing No. 69 ) by filing his brief and index of evidence, if any, on or before April 13, 2009. Ordered by Judge Laurie Smith Camp. (TCL)
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Filing
72
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
71
MEMORANDUM AND ORDER that Defendant Sunset Financial Services, Inc.'s Request for Judicial Notice 17 is granted. Defendant Sunset Financial Services, Inc.'s Motion to Enlarge Index of Exhibits 40 is granted. The Plaintiff Milo Vacanti&# 039;s Motion for Leave to File Surreply Brief 49 is granted and the attached brief is deemed filed instanter. The Motion to Dismiss filed by Defendant Sunset Financial Services, Inc., 15 is granted, with respect to Plaintiff Milo Vacanti's c laims against Sunset only. The Plaintiff Milo Vacanti's claims against Sunset Financial Services, Inc., identified in the Amended Complaint as Counts II, V, and VIII, are dismissed without prejudice. Ordered by Judge Laurie Smith Camp. Modified on 3/24/2009 to correct counts (JSF).
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Filing
57
ORDER denying 51 Motion to Strike Amended Complaint 42 . 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 15 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
45
ORDER regarding Amended Complaint 42 filed by Milo Vacanti, MOTION to Dismiss 15 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
37
ORDER - The Defendant Sunset Financial Services, Inc.'s Unopposed Motion forExtension of Time (Filing No. 36 ) is granted. 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 19, 2008. Ordered by Judge Laurie Smith Camp. (TCL)
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Filing
35
ORDER - The Defendant Sunset Financial Services, Inc.'s Unopposed Motion for Extension of Time (Filing No. 34 ) is granted. 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. (TCL)
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Filing
31
ORDER - The parties' Joint Motion to Extend Deadlines (Filing No. 30 ) is granted. 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. The Defendant Sunset Financial Services, Inc. shall reply to Plaintiff's responses by filing its brief and index of evidence, if any, on or before December 12, 2008. Ordered by Judge Laurie Smith Camp. (TCL)
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Filing
29
ORDER granting 28 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)
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Filing
27
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 15 filed by Sunset Financial Services, Inc. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
25
ORDER that the Plaintiff's Unopposed Motion to Extend Deadline 24 is granted; and 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 17, 2008. Ordered by Judge Laurie Smith Camp. (CJP)
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Filing
23
ORDER - The Clerk of the Court is directed to edit the docket text to reflect that Filing No. 17 is a Motion for Judicial Notice of the attached exhibits. Plaintiff and Defendant Bryan S. Behrens shall file their responses, if any, to Defendant Sunset Financial Services, Inc.'s motions (Filing Nos. 15 and 17 ) on or before November 7, 2008.Ordered by Judge Laurie Smith Camp. (TCL)
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