Green et al v. Sunset Financial Services, Inc. et al
| Nebraska District Court | |
| Judge: | John M Gerrard |
| Referred: | Cheryl R Zwart |
| Case #: | 8:09-cv-00013 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Case Filed: | Jan 09, 2009 |
| Terminated: | Aug 20, 2013 |
| Last checked: Tuesday Dec 27, 2016 9:09 PM CST |
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Counter Claimant
Sunset Financial Services, Inc.
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Counter Defendant
William Green
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Cross Claimant
Sunset Financial Services, Inc.
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Represented By
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Cross Defendant
Bryan S. Behrens
22932-047 Address Updated 6/23/2015 13032 Mullen Circle
Omaha, NE 68144 |
Represented By
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Defendant
Sunset Financial Services, Inc.
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Represented By
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Interested Party
Stalnaker, Becker & Buresch, P.C.
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Interested Party
U.S. Bankruptcy Court
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Plaintiff
JoAnn Green
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Represented By
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Plaintiff
William Green
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Trustee
Richard D. Myers
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Trustee
U.S. Trustee
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| TERMINATED PARTIES | |
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Defendant
Bryan S. Behrens
Terminated: 07/19/2013
22932-047 Address Updated 6/23/2015 13032 Mullen Circle
Omaha, NE 68144 |
Represented By
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Defendant
Kansas City Life Insurance Company
Terminated: 07/17/2009
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Represented By
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GPO
Mar 24 2009
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 Financial 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. Additionally, 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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GPO
Apr 07 2009
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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GPO
Apr 22 2009
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 or 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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GPO
Jul 17 2009
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 Insurance 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, identified 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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GPO
Sep 10 2010
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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GPO
Dec 15 2010
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: 8:08cv324 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 8:09cv044 Vacanti v. Sunset Financial Services 8:08cv523 Behrens v. Arch Insurance Company. Ordered by Judge Laurie Smith Camp. (KBJ) NOTE: Pursuant to chambers, the order is corrected to change the reference from 8:08cv44 to 8:09cv44. Modified on 12/16/2010 to add NOTE. (JAB) |
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GPO
Dec 20 2010
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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GPO
Jan 20 2011
PROTECTIVE ORDER GOVERNING CONFIDENTIALITY, entered by agreement of the parties. Ordered by Magistrate Judge F.A. Gossett. (CLS, ) |
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GPO
May 20 2011
Gossett. (KBJ)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. |
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GPO
Jun 02 2011
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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GPO
Jul 12 2011
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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GPO
Jan 05 2012
ORDER granting the Plaintiff's (215) Motion for Leave in case 8:08-cv-00335-LSC-FG3; granting (213) Motion for Leave in case 8:08-cv-00399-LSC-FG3; granting (203) Motion for Leave in case 8:08-cv-00436-LSC-FG3; granting (167) Motion for Leave in case 8:09-cv-00013-LSC-FG3 and granting (131) Motion for Leave in case 8:09-cv-00044-LSC-FG3. The Warden of the Federal Correctional Institution in Terra Haute shall produce Bryan S. Behrens for deposition by Plaintiffs and by Defendant Sunset Financial Services Inc. at the Federal Correctional Institution in Terra Haute beginning February 20, 2012 or at another date and time to be determined after consultation with the appropriate personnel of the Federal Bureau of Prisons and consultation among counsel for the parties. The deposition(s) shall not be limited to the seven hour or one day periods referenced in Federal Rule of Civil Procedure 30(d)(1). Plaintiffs and Sunset Financial Services Inc.s deposition(s) of Bryan S. Behrens shall be taken for use at trial and for all purposes permitted under the Federal Rules of Civil Procedure, shall be recorded by stenographic means, and may be videotaped. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to Warden at FCI-Terra Haute)(MKR) |
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GPO
Feb 28 2012
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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GPO
Mar 20 2012
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 exception 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 claims 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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GPO
Mar 29 2012
ORDER regarding Plaintiffs' Motion to Compel Testimony from Bryan Behrens. By or before April 5, 2012, Sunset may, if it desires, file a brief in support of Plaintiffs Motion to Compel. Bryan Behrens may file his brief responding to Plaintiffs and Sunsets briefs by or before April 16, 2012. Ordered by Magistrate Judge F.A. Gossett. (MKR) |
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GPO
Apr 25 2012
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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GPO
May 03 2012
ORDER granting in part (246) Motion to Compel in case 8:08-cv-00335-LSC-FG3; granting in part (243) Motion to Compel in case 8:08-cv-00399-LSC-FG3; granting in part (233) Motion to Compel in case 8:08-cv-00436-LSC-FG3; granting in part (211) Motion to Compel in case 8:09-cv-00013-LSC-FG3; and granting in part (160) Motion to Compel in case 8:09-cv-00044-LSC-FG3. Bryan Behrens is hereby ordered to appear for deposition at a time mutually agreeable between the parties. Bryan Behrens shall not invoke the Fifth Amendment as to matters related to the claims in the instant cases. Any testimony by Behrens shall be subject to the confidentiality order entered in these cases. The court will not rule with respect to any purported waiver of the attorney client privilege in advance of Behrens deposition. Ordered by Magistrate Judge F.A. Gossett. (MKR) |
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GPO
May 23 2012
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 by 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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GPO
Oct 19 2012
FINDINGS AND RECOMMENDATION that the adversary proceeding be withdrawn to the U.S. District Court (Attachments: # (1) Transmittal Letter)Ordered by Judge Timothy J. Mahoney. (ADB) |
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GPO
Nov 07 2012
ORDER adopting (276) Findings and Recommendation in case 8:08-cv-00335-LSC-FG3; adopting (273) Findings and Recommendation in case 8:08-cv-00399-LSC-FG3; adopting (264) Findings and Recommendation in case 8:08-cv-00436-LSC-FG3; adopting (240) Findings and Recommendation in case 8:09-cv-00013-LSC-FG3 and adopting (188) Findings and Recommendation in case 8:09-cv-00044-LSC-FG3. The following Orders of reference to the U.S. Bankruptcy Court for the District of Nebraska are withdrawn: a. Case No. 8:08CV335, Filing No. 275; b. Case No. 8:08CV399, Filing No. 272; c. Case No. 8:08CV436, Filing No. 263; d. Case No. 8:09CV13, Filing No. 239; e. Case No. 8:09CV44, Filing No. 187; and The above captioned actions shall progress in this Court. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
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GPO
Nov 21 2012
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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GPO
Nov 28 2012
MEMORANDUM AND ORDER denying the following Motions for Reconsideration Pursuant to Fed R.Civ. Pro 60(b), filed by Defendant Sunset Financial Services, Inc.: Denying(281) Motion for Reconsideration in case 8:08-cv-00335-LSC-FG3; denying (276) Motion for Reconsideration in case 8:08-cv-00399-LSC-FG3; denying (266) Motion for Reconsideration in case 8:08-cv-00436-LSC-FG3; denying (243) Motion for Reconsideration in case 8:09-cv-00013-LSC-FG3; denying (190) Motion for Reconsideration in case 8:09-cv-00044-LSC-FG3 Ordered by Chief Judge Laurie Smith Camp. (MKR) |
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GPO
Dec 03 2012
ORDER - The Motions to Set an Expedited Briefing Schedule are granted, as follows: a. SFS shall respond to the Plaintiffs Motions to Dismiss on or before December 17, 2012. b. The Plaintiffs shall reply to SFSs response to the Motions to Dismiss on or before December 27, 2012; and Briefs with respect to SFS's appeal will not be requested at this time. A briefing schedule will be set, if necessary, after the Court rules on the Plaintiffs Motions to Dismiss. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
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GPO
Dec 10 2012
RECUSAL ORDER on the court's own motion pursuant to 28 U.S. C. § 455(a), which states: "Any... judge... of the United States shall disqualify [her]self in anyproceeding in which [her] impartiality might reasonably be questioned." While the impartiality of the undersigned in all actions taken in this case up to this date would not reasonably be subject to question, disqualification from future involvement in the case is warranted under 28 U.S.C. § 455(a). Accordingly, the undersigned Judge does recuse herself from the above-designated case. Ordered by Chief Judge Laurie Smith Camp. (MKR) |
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GPO
Jan 02 2013
MEMORANDUM AND ORDER- The following cases are consolidated for discovery and pretrial preparation: 8:08-cv-00335-JMG-CRZ Lustgraaf v. Behrens et al, 8:08-cv-00399-JMG-CRZ Poole et al v. Behrens et al, 8:08-cv-00436-JMG-CRZ Vacanti v. Sunset Financial Services, Inc. et al, 8:09-cv-00013-JMG-CRZ Green et al v. Sunset Financial Services, Inc. et al. 8:08-cv-00335-JMG-CRZ Lustgraaf v. Behrens et al is hereby designated as the "Lead Case," and 8:08-cv-00399-JMG-CRZ Poole et al v. Behrens et al; 8:08- cv-00436-JMG-CRZ Vacanti v. Sunset Financial Services, Inc. et al; 8:09-cv- 00013-JMG-CRZ Green et al v. Sunset Financial Services, Inc. et al; and 8:09- cv-00044-JMG-CRZ Vacanti v. Sunset Financial Services, Inc. et al are designated as a "Member Cases." Any motion for separate trials on the plaintiffs' claims shall be filed on or before February 22, 2013, in the absence of which the above-captioned cases will also be consolidated for trial on the court's own motion. ( Jury Trial set for 9/23/2013 at 09:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Conference set for 9/10/2013 at 10:00 AM and will be conducted by WebEx conferencing before Magistrate Judge Cheryl R. Zwart. A Telephone Conference set for 5/14/2013 at 01:00 PM by telephone before Magistrate Judge Cheryl R. Zwart to discuss the status of case progression and potential settlement. Counsel for plaintiff shall place or arrange the call. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR) |
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GPO
Jan 02 2013
ORDER granting 295 Motion for Leave to depose defendant Bryan Behrens, an inmate in case 8:08-cv-00335-JMG-CRZ Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:08-cv-00436-JMG-CRZ, 8:09-cv-00013-JMG-CRZ, 8:09-cv-00044-JMG-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) |
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GPO
Jan 07 2013
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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GPO
Jan 11 2013
ORDER NUNC PRO TUNC - Paragraph 5 of the courts prior order, 329, is set aside. If a motion is specific to less than all of the consolidated cases (e.g., a motion to substitute a party), the attorneys may file the motion in only the case or cases which may be impacted by the courts ruling on the motion without prior leave of the court. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:08-cv-00436-JMG-CRZ, 8:09-cv-00013-JMG-CRZ, 8:09-cv-00044-JMG-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (BHC) |
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GPO
Apr 22 2013
ORDER - Based upon the representations of counsel that these cases have settled, the following motions are denied as moot, without prejudice to refiling should the parties be unable to finalize the settlement: Case no. 8:08cv00335: Filing Nos. 345, 346, 347 & 351; Case no. 8:08cv00399: Filing Nos. 342, 343, 344 & 348; Case no. 8:08cv00436: Filing Nos. 335, 336, 337 & 341; Case no. 8:09cv00013: Filing Nos. 314, 315, 316 & 320; Case no. 8:09cv00044: Filing Nos. 255, 256, 257 & 261; Ordered by Magistrate Judge Cheryl R. Zwart. (MKR) |
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GPO
Jun 11 2013
8:09-cv-00013-JMG-CRZ, 8:09-cv-00044-JMG-CRZOrdered by Judge John M. Gerrard. (MKR)ORDER granting the parties' (383) Motions for Leave in case 8:08-cv-00335-JMG-CRZ; (378) Motion for Leave in case 8:08-cv-00399-JMG-CRZ; granting (369) Motion for Leave in case 8:08-cv-00436-JMG-CRZ; granting (349) Motion for Leave in case 8:09-cv-00013-JMG-CRZ; granting (289) Motion for Leave in case 8:09-cv-00044-JMG-CRZ. The above captioned cases will not be referred to bankruptcy at this time. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:08-cv-00436-JMG-CRZ, |
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GPO
Jul 19 2013
ORDER granting the moving parties' Motions for dismissal [(388) Stipulation for Dismissal in case 8:08-cv-00335-JMG-CRZ; (383) Stipulation for Dismissal in case 8:08-cv-00399-JMG-CRZ and(354) Stipulation for Dismissal in case 8:09-cv-00013-JMG-CRZ ]. The claims of Marlin Lustgraaf, Jean (J.P.) and Dee Pole, JoAnn Green, and Sunset Financial Services against Bryan S. Behrens are dismissed without prejudice. The claims asserted by William Green and Sunset Financial Services' cross-claim against Behrens involving William Greens claims are not affected by this order. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:09-cv-00013-JMG-CRZOrdered by Judge John M. Gerrard. (MKR) |
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GPO
Jul 22 2013
ORDER The moving parties' motions for dismissal with prejudice (case no. 8:08- cv-335 filing 390; case no. 8:08-cv-399 filing 385; case no. 8:09-cv-13 filing 356) are granted. The claims of Marlin Lustgraaf, Jean (J.P.) and Dee Poole, and JoAnn Green against Sunset Financial Services are dismissed with prejudice, with the parties to bear their own costs and fees. The claims asserted by William Green and Sunset Financial Services' cross- claim against Behrens involving William Green's claim are not affected by this order. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:09-cv-00013-JMG-CRZOrdered by Judge John M. Gerrard. (MKR) |
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GPO
Aug 15 2013
ORDER - The motion for dismissal without prejudice (filing 359) is granted. The claims of William Green and Sunset Financial Services against Bryan S. Behrens are dismissed without prejudice. Ordered by Judge John M. Gerrard. (GJG) |
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GPO
Aug 20 2013
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) |