Lustgraaf v. Behrens et al

Filing 392

ORDER TO SHOW CAUSE - On or before August 23, 2013, any party may show cause why the Court should not enter final judgments in the above-captioned cases. Absent good cause shown, the Court may enter final judgments in these cases without further notice. The Clerk of the Court is directed to enter a show cause deadline of August 23, 2013. Member Cases: 8:08-cv-00335-JMG-CRZ, 8:08-cv-00399-JMG-CRZ Ordered by Judge John M. Gerrard. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARLIN LUSTGRAAF,
8:08-CV-335
Plaintiff,
vs.
ORDER TO SHOW CAUSE
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 TO SHOW CAUSE
vs.
SUNSET FINANCIAL SERVICES,
INC., and BRYAN S. BEHRENS,
Defendants.
These matters are before the Court on its own motion following a
review of the procedural posture of these cases.
The plaintiffs' claims have been dismissed pursuant to the Court's
previous orders. Case no. 8:08-cv-335 filings 389 and 391; case no. 8:08-cv-399
filings 384 and 386. Sunset Financial Services' third-party claims against
William H. Green were severed by the bankruptcy court pursuant to Fed. R.
Bankr. P. 7021 and Fed. R. Civ. P. 21, and remain pending in the bankruptcy
court. See case no. 8:08-cv-335 filings 276 and 280; case no. 8:08-cv-399 filings
273 and 275. But because they were severed pursuant to Rule 21, they
proceed in discrete, independent actions. See E.S. v. Indep. Sch. Dist., 135
F.3d 566, 568 (8th Cir. 1998). And Sunset's claims against Behrens have been
dismissed except for "Sunset Financial Services' cross-claim against Behrens

involving William Green's claim[.]" Case no. 8:08-cv-335 filings 389 and 391;
case no. 8:08-cv-399 filings 384 and 386.
Upon review, the language "Sunset Financial Services' cross-claim
against Behrens involving William Green's claim" is best read to refer
exclusively to Sunset's claim against Behrens in case no. 8:09-cv-13, and not
to Sunset's claims against Behrens in the above-captioned cases. Therefore, it
would appear that all the pending claims for relief in the above-captioned
cases have been disposed of, and that the Court should close these cases by
entering final judgments. But given the complicated procedural aspects of
these cases, the Court will provide the parties with an opportunity to respond
before doing so.
IT IS ORDERED:
1.

On or before August 23, 2013, any party may show cause
why the Court should not enter final judgments in the
above-captioned cases.

2.

Absent good cause shown, the Court may enter final
judgments in these cases without further notice.

3.

The Clerk of the Court is directed to enter a show cause
deadline of August 23, 2013.

Dated this 16th day of August, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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