Securities and Exchange Commission v Behrens, et al

Filing 332

ORDER - The plaintiff and the receiver shall respond to Behrens' "Motion to Compel" (filing 323 ) on or before July 15, 2013. The plaintiff and receiver shall address, in their responses, whether the funds sought by Behrens were p aid to the receivership and, if so, the source of the funds and the basis for the receivership's receipt of the funds. Any other interested party wishing to respond to Behrens' motion shall do so on or before July 15, 2013. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECURITIES AND EXCHANGE
COMMISSION,
8:08-CV-13
Plaintiff,
vs.

ORDER

BRYAN S. BEHRENS, et al.,
Defendants.
This matter is before the Court on defendant Bryan S. Behrens'
"Motion to Compel" (filing 323). No other party has, as of yet, responded to
Behrens' motion. The Court notes that despite the interlocutory notice of
appeal (filing 326) filed by Behrens, the Court retains jurisdiction to proceed
further with other aspects of the case. See, Burns v. City of Apple Valley, 30
Fed. Appx. 670, 670 (8th Cir. 2002); Janousek v. Doyle, 313 F.2d 916, 920-21
(8th Cir. 1963); see generally 16 Charles Alan Wright et al., Federal Practice
and Procedure § 3921.2 (2d ed. 1996 & Supp. 2013).
It would be helpful to the Court for the plaintiff and the receiver to
respond to Behrens' motion, and the Court will direct them to do so. On its
own motion, pursuant to Fed. R. Civ. P. 6(b)(1)(A), the Court will direct the
plaintiff and the receiver to respond to Behrens' motion on or before July 15,
2013. No other interested parties shall be required to respond, but any who
wish to may do so on or before July 15, 2013.
Specifically, the plaintiff and receiver should address, if possible,
whether the funds sought by Behrens were paid to the receivership and, if so,
the source of the funds and the basis for the receivership's receipt of the
funds. The Court is aware that discovery is underway that may be relevant to
those matters; should further time be necessary to adequately respond to
Behrens' motion, an extension of time to respond may be requested pursuant
to Fed. R. Civ. P. 6(b) and NECivR 6.1.
IT IS ORDERED:
1.

The plaintiff and the receiver shall respond to Behrens'
"Motion to Compel" (filing 323) on or before July 15, 2013.

2.

The plaintiff and receiver shall address, in their responses,
whether the funds sought by Behrens were paid to the
receivership and, if so, the source of the funds and the basis
for the receivership's receipt of the funds.

3.

Any other interested party wishing to respond to Behrens'
motion shall do so on or before July 15, 2013.

Dated this 28th day of June, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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