Securities and Exchange Commission v Behrens, et al

Filing 316

MEMORANDUM AND ORDER - The motion to withdraw filed by Thomas H. Dahlk and Kutak Rock LLP as counsel of record on behalf of Defendants Bryan S. Behrens, National Investments, Inc. (filing no. 315 ), is granted. On or before June 5, 2013, Defenda nt Behrens shall either: (a) obtain the services of counsel and have that attorney file an appearance in this case; or (b) file a statement notifying the court of his intent to litigate this case without the assistance of counsel. The failure to d o so may result in an entry of default and/or default judgment against Defendant Behrens. Defendant National Investments, Inc., a corporation, cannot litigate its action in this forum without representation by licensed counsel. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994). On or before June 5, 2013, Defendant National Investments, Inc. shall obtain the services of counsel and have that attorney file an appearance on its behalf, in the absence of which the c ourt may file an entry and/or judgment of default against it without further notice. Mr. Dahlk shall promptly mail a copy of this order to Defendant Behrens and Defendant National Investments, Inc., and shall file a certificate of service stating the date and the manner of service, and the name and address served. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECURITIES AND EXCHANGE
COMMISSION,
8:08CV13
Plaintiff,
vs.

MEMORANDUM AND ORDER

BRYAN S. BEHRENS, NATIONAL
INVESTMENTS, INC.,
Defendants.
IT IS ORDERED:
1)

The motion to withdraw filed by Thomas H. Dahlk and Kutak Rock LLP as
counsel of record on behalf of Defendants Bryan S. Behrens, National
Investments, Inc. (filing no. 315), is granted.

2)

On or before June 5, 2013, Defendant Behrens shall either: (a) obtain the
services of counsel and have that attorney file an appearance in this case; or
(b) file a statement notifying the court of his intent to litigate this case
without the assistance of counsel. The failure to do so may result in an
entry of default and/or default judgment against Defendant Behrens.

3)

Defendant National Investments, Inc., a corporation, cannot litigate its
action in this forum without representation by licensed counsel. Knoefler
v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994). On or
before June 5, 2013, Defendant National Investments, Inc. shall obtain the
services of counsel and have that attorney file an appearance on its behalf,
in the absence of which the court may file an entry and/or judgment of
default against it without further notice.

4)

Mr. Dahlk shall promptly mail a copy of this order to Defendant Behrens
and Defendant National Investments, Inc., and shall file a certificate of
service stating the date and the manner of service, and the name and
address served.

May 15, 2013.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge