Securities and Exchange Commission v Behrens, et al

Filing 354

ORDER - Behrens' motion (filing 353 ) is granted. Behrens shall pay an initial partial filing fee of $18.23 by September 3, 2013. The Clerk of the Court is directed to reset the case management deadline to September 3, 2013. The Clerk of the Court is directed to send a copy of this order to the Eighth Circuit Court of Appeals. The Clerk of the Court is directed to send Behrens, along with this order, copies of filings 344 , 346 , and 349 . Behrens may reply in support of his motion to compel (filing 323 ) on or before August 12, 2013. The motion to compel will be ripe for disposition on August 13, 2013. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and electronically sent Eighth Circuit)(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 correspondence from pro se
defendant Bryan S. Behrens (filing 353) that the Court has interpreted as a
motion for copies, to extend the reply deadline on Behrens' motion to compel
(filing 323), and to extend the time to pay the filing fee on appeal. The Court
will grant the motion as follows.
Behrens' first request is for copies of filings that were sent to him, but
that he claims not to have received. While Behrens does not have the right to
receive copies of documents without payment, see filing 348, he does have the
right to be served with paper copies of documents filed electronically. See,
Fed. R. Civ. P. 5(d)(3); NECivR 5.2(b)(1) The Court notes that the filing
parties have certified that copies of their responses to Behrens' motion to
compel were mailed to him. See, filings 344 at 13, 346 at 3, and 349 at 15.
Nonetheless, the Court will (for now) accept Behrens' representation that he
did not receive them, and in the interest of expedience will direct the Clerk of
the Court to send copies to Behrens along with this order.
Next, Behrens asks whether he can respond to those filings. The Court
will permit Behrens to reply in support of his motion to compel pursuant to
NECivR 7.1(c), which provides that a moving party may reply
within 7 days after the opposing party files and serves the
opposing brief. The reply brief may not merely repeat the moving
party's initial arguments, but rather must address factual or
legal issues raised in the opposing brief. No party may file
further briefs or evidence without the court's leave.
The Court will consider Behrens' question about whether he can respond, and
his representation that he was not notified of the filings in opposition, as a

motion for additional time to reply. See Fed. R. Civ. P. 6(b)(1)(A) and NECivR
6.1(a)(2). The Court will grant that motion. In order to be considered, any
reply Behrens wishes to file should be received by the Court on or before
August 12, 2013. The Court intends that time to include the time necessary
for delivery by mail, and will consider Behrens' motion to compel to be fully
submitted and ripe for disposition as of August 13, 2013.
Finally, Behrens asks for a 30-day extension of the initial partial filing
fee deadline set for August 2, 2013. See filing 337. The Court will grant that
motion. Behrens shall pay the initial partial filing fee by September 3, 2013.
IT IS ORDERED:
1.

Behrens' motion (filing 353) is granted.

2.

Behrens shall pay an initial partial filing fee of $18.23 by
September 3, 2013.

3.

The Clerk of the Court is directed to reset the case
management deadline to September 3, 2013.

4.

The Clerk of the Court is directed to send a copy of this
order to the Eighth Circuit Court of Appeals.

5.

The Clerk of the Court is directed to send Behrens, along
with this order, copies of filings 344, 346, and 349.

6.

Behrens may reply in support of his motion to compel
(filing 323) on or before August 12, 2013. The motion to
compel will be ripe for disposition on August 13, 2013.

Dated this 25th day of July, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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