Green et al v. Sunset Financial Services, Inc. et al
| William Green and JoAnn Green |
| Sunset Financial Services, Inc., Bryan S. Behrens and Kansas City Life Insurance Company |
| 8:2009cv00013 |
| January 9, 2009 |
| 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 |
| Plaintiff |
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Filing
362
ORDER - The motion for dismissal with prejudice (filing 361 ) is granted. William Green's claims against Sunset Financial Services are dismissed with prejudice. All claims having been dismissed, this case is closed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (GJG)
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Filing
261
ORDER - IT IS ORDERED that the Motion to Stay Pending Appeal, Fil. #59, is denied. Ordered by Judge Timothy J. Mahoney. (TCL )
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Filing
239
ORDER granting 238 Suggestion of Bankruptcy. Pursuant to NEGenR 1.5(a)(1) and 28 U.S.C. § 157, this case is referred to the United States Bankruptcy Court for the District of Nebraska. This case shall be terminated for statistical purposes b y the Clerk of the Court for the District of Nebraska. The Clerk of the Court for the District of Nebraska shall deliver the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Chief Judge Laurie Smith Camp. (JAB)
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Filing
232
MEMORANDUM AND ORDER - The Defendant Sunset Financial Services, Inc.'s Objections to the Magistrate Judge's Memorandum and Order (Filing No. 223 ) are overruled. The Memorandum and Order (Filing No. 214 ) is affirmed. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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Filing
214
MEMORANDUM AND ORDER - Sunset's Motion to Compel Discovery Responses from Plaintiff William Green (filing 176 ) is granted, in part. As to Document Production Request No. 17, Plaintiff shall produce all responsive documents, with the excepti on of those claimed to be privileged or subject to work product protection. As to Document Production Request Nos. 8, 9, 10, 25, 37, 67 and 68, Plaintiff shall produce the remaining responsive documents, except those documents which Plaintiff claim s are privileged or subject to work product protection. With respect to Document Production Request Nos. 11 and 43, Plaintiff shall produce the responsive bank statements. Plaintiff shall produce a privilege log detailing all documents withheld from production on the grounds of the attorney-client privilege or the work product doctrine. The log shall be provided to Sunset by or before April 23, 2012. Plaintiff shall produce the documents specified in this order by or before April 23, 2012. In all other respects, Sunset's Motion to Compel Discovery Responses is denied. Attorneys' fees will not be awarded. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
197
ORDER - By or before March 5, 2012, Plaintiff shall provide the court with a memorandum advising the court, with respect to each individual document production request, whether all responsive documents have been produced and, if not, an explanation why. As mentioned above, Plaintiff need not at this time argue the merits of its attorney client privilege or work product objections. By March 9, 2012, Sunset shall advise the court, based on Plaintiff's responses, whether its concerns with respect to each individual document production request has been alleviated. The court advises the parties that, given its need for additional information, the order on Sunset's motion to compel will be issued later than March 9, 2012. However, upon receiving the requested materials, the court will immediately resume its evaluation of the motion and issue an order promptly. Ordered by Magistrate Judge F.A. Gossett. (GJG)
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Filing
153
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
146
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
142
ORDER - The Motion for leave to depose Bryan S. Behrens 118 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
89
PROTECTIVE ORDER GOVERNING CONFIDENTIALITY, entered by agreement of the parties. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
83
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
70
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. ( Amended Complaint due by 9/28/2010.) Ordered by Judge Laurie Smith Camp. (JAE)
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Filing
52
MEMORANDUM AND ORDER that the Motion to Dismiss filed by Defendant Sunset Financial Services, Inc., (Filing No. 23 ) is granted, with respect to Plaintiffs' claims against Sunset only; The Motion to Dismiss filed by Defendant Kansas City Life I nsurance Company, (Filing No. 30 ) is granted, with respect to Plaintiffs' claims against KC Life only; Plaintiffs William Green and JoAnn Green's claims against Sunset Financial Services, Inc., and Kansas City Life Insurance Company, iden tified in the Complaint as Counts II, III, V, VI, IX, and X, are dismissed with prejudice; and Plaintiffs William Green and JoAnn Green's Motion for Leave to Amend if the if the Court Grants Defendants' Motions to Dismiss (Filing No. 40 ) is denied. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
45
ORDER granting 44 Motion to Extend ; Defendants Sunset Financial Services, Inc., and Kansas City Life Insurance Company shall reply to the Plaintiffs' response in opposition to their 23 Motion to Dismiss and 30 Motion to Dismiss by filing their briefs and indexes ofevidence, if any, on or before April 30, 2009; Defendant Sunset Financial Services, Inc., shall reply to the Plaintiffs' response in opposition to their 25 Motion for Judicial Notice by filing its brief and index of evidence, if any, on or before April 30, 2009; Defendants Sunset Financial Services, Inc., and Kansas City Life Insurance Company shall respond to the Plaintiffs' 40 Motion for Leave by filing their briefs and indexes of evidence, if any, on o r before April 30, 2009; Plaintiffs shall reply to the Defendants Sunset Financial Services, Inc., and Kansas City Life Insurance Company's response to Plaintiffs' Motion for Leave to Amend (Filing No. 40 ) 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
36
ORDER granting 35 Motion to Extend. The Plaintiffs shall respond to the Defendant's Request for Judicial Notice 25 by filing their brief and index of evidence, if any, on or before 4/13/09. Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
34
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 mailed and Copies e-mailed as directed) . (MKR)
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