Lustgraaf v. Behrens et al

Filing 332

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 w hich 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARLIN LUSTGRAAF,
Plaintiff,
vs.
BRYAN S. BEHRENS, SUNSET FINANCIAL
SERVICES, INC.,

8:08CV335

ORDER NUNC PRO TUNC

Defendants.
JEAN POOLE, Trustees of the Poole Family Trust;
and DEE POOLE, Trustees of the Poole Family
Trust;

8:08CV399

Plaintiffs,
vs.
BRYAN S. BEHRENS, SUNSET FINANCIAL
SERVICES, INC.,
Defendants.
MILO VACANTI,
Plaintiff,

8:08CV436

vs.
SUNSET FINANCIAL SERVICES, INC., BRYAN
S. BEHRENS,
Defendants.
WILLIAM GREEN, JOANN GREEN,
Plaintiffs,

8:09CV13

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

8:09CV44

The court’s prior order, (Filing No. 329), stated as follows:
5.
If a party believes that an item in addition to those described in paragraph
4 should not be filed in both of these consolidated cases, the party must move for
permission to file the item in only one of the cases. The motion must be filed in
both of the consolidated cases using the spread text feature.
As applied the situation herein, where counsel in each of the cases is the same, this paragraph is
erroneous.
Accordingly,
IT IS ORDERED:
1)

Paragraph 5 of the court’s prior order, (Filing No. 329), is set aside.

2)

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 court’s ruling on the motion without prior leave of
the court. To do so,
a.

If the motion is to be filed in the lead case, 8:08-cv-00335-JMG-CRZ
Lustgraaf v. Behrens et al, when filing the motion on CM/ECF, select the
option “no” in response to the System’s question of whether to spread the
text. The motion will thereby appear on the docket of only 8:08-cv00335-JMG-CRZ Lustgraaf v. Behrens et al. It will not appear on the
docket of the member cases.

b.

If the motion is to be filed in a member case, (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; 8:09-cv-00044-JMG-CRZ, Vacanti v.
Sunset Financial Services, Inc. et al), file the motion under the case
number of the member case using the normal procedure; that is, as if no
“lead case” existed and the member case had never been consolidated with
any other case. The motion will thereby appear on the docket of only the
member case for which it was filed.

January 11, 2013.

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

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