Lustgraaf v. Behrens et al

Filing 389

ORDER granting the moving parties' Motions for dismissal [(388) Stipulation for Dismissal in case 8:08-cv-00335-JMG-CRZ; (383) Stipulation for Dismissal in case 8:08-cv-00399-JMG-CRZ and(354) Stipulation for Dismissal in case 8:09-cv-00013- JMG-CRZ ]. The claims of Marlin Lustgraaf, Jean (J.P.) and Dee Pole, JoAnn Green, and Sunset Financial Services against Bryan S. Behrens are dismissed without prejudice. The claims asserted by William Green and Sunset Financial Services' cross-claim against Behrens involving William Greens claims are not affected by this order. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ, 8:09-cv-00013-JMG-CRZOrdered by Judge John M. Gerrard. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARLIN LUSTGRAAF,
8:08-CV-335
Plaintiff,
vs.
ORDER
SUNSET FINANCIAL SERVICES,
INC., and BRYAN S. BEHRENS,
Defendants.
JEAN (J.P.) POOLE & DEE POOLE,
TRUSTEES OF THE POOLE
FAMILY TRUST,

8:08-CV-399

Plaintiffs,
ORDER
vs.
SUNSET FINANCIAL SERVICES,
INC., and BRYAN S. BEHRENS,
Defendants.
WILLIAM GREEN AND JOANN
GREEN,
8:09-CV-13
Plaintiffs,
vs.
ORDER
SUNSET FINANCIAL SERVICES,
INC., and BRYAN S. BEHRENS,
Defendants.

This matter is before the Court on the stipulation and motion for
dismissal without prejudice (case no. 8:08-cv-335 filing 388; case no. 8:08-cv399 filing 383; case no. 8:09-cv-13 filing 354) of the claims of Marlin
Lustgraaf, Jean (J.P.) and Dee Poole, JoAnn Green, and Sunset Financial
Services against Bryan S. Behrens. As the Court previously stated in its
order of June 11, 2013 (case no. 8:08-cv-335 filing 387), the parties are not
precluded by the automatic bankruptcy stay from voluntarily dismissing
their claims against Behrens, as such a dismissal is not a "continuation" of a
proceeding against the debtor within the meaning of 11 U.S.C. § 362(a)(1).
See Dennis v. A.H. Robins Co., Inc., 860 F.2d 871, 872 (8th Cir. 1988); see also
O'Donnell v. Vencor Inc., 466 F.3d 1104, 1110-11 (9th Cir. 2006). Accordingly,
the parties' motion will be granted pursuant to Fed. R. Civ. P. 41(a)(2).
IT IS ORDERED:
1.

The moving parties' motions for dismissal without
prejudice (case no. 8:08-cv-335 filing 388; case no. 8:08-cv399 filing 383; case no. 8:09-cv-13 filing 354) are granted.

2.

The claims of Marlin Lustgraaf, Jean (J.P.) and Dee Poole,
JoAnn Green, and Sunset Financial Services against Bryan
S. Behrens are dismissed without prejudice.

3.

The claims asserted by William Green and Sunset
Financial Services' cross-claim against Behrens involving
William Green's claim are not affected by this order.

Dated this 19th day of July, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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