Lustgraaf v. Behrens et al

Filing 309

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 o n 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARLIN LUSTGRAAF,

CASE NO. 8:08CV335

Plaintiff,
vs.

ORDER

SUNSET FINANCIAL SERVICES, INC.,
and BRYAN S. BEHRENS,
Defendants.
JEAN POOLE and DEE POOLE,
Trustees of the Poole Family Trust,

CASE NO. 8:08CV399

Plaintiff,
vs.

ORDER

SUNSET FINANCIAL SERVICES, INC.,
and BRYAN S. BEHRENS,
Defendants.
MILO VACANTI,

CASE NO. 8:08CV436
Plaintiff,

vs.

ORDER

SUNSET FINANCIAL SERVICES, INC.,
and BRYAN S. BEHRENS,
Defendants.
WILLIAM GREEN and JANN GREEN,

CASE NO. 8:09CV13

Plaintiff,
vs.

ORDER

SUNSET FINANCIAL SERVICES, INC.,
and BRYAN S. BEHRENS,
Defendants.

MILO VACANTI,

CASE NO. 8:09CV44
Plaintiff,

vs.

ORDER

SUNSET FINANCIAL SERVICES, INC.,
and BRYAN S. BEHRENS,
Defendants.

This matter is before the Court on the Plaintiffs’ Motions to Dismiss the Appeal
Filed by Sunset Financial Services, Inc., and Motion to Set an Expedited Briefing
Schedule (Case No. 8:08CV335, Filing No. 303; Case No. 8:08CV399, Filing No. 298;
Case No. 8:08CV436, Filing No. 288; Case No. 8:09CV13, Filing No. 271; Case No.
8:09CV44, Filing No. 211). Defendant Sunset Financial Services, Inc. (“SFS”), has
appealed the bankruptcy judge’s Report and Recommendation and Order withdrawing
the reference of the above captioned actions to the bankruptcy court and severing its
third-party claims and counterclaims against Plaintiff William Green. The Plaintiffs seek
the dismissal of SFS’s appeal,1 and request an expedited briefing schedule with respect
to their Motions to Dismiss. Accordingly,
IT IS ORDERED:
1.

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;

1

Hereinafter, the Plaintiffs’ requests for dismissal of the SFS’s appeal are
referred to as their “Motions to Dismiss.”
2

b.

The Plaintiffs shall reply to SFS’s response to the Motions to Dismiss on
or before December 27, 2012; and

2.

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.

Dated this 3rd day of December, 2012.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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