Vacanti v. Sunset Financial Services, Inc. et al

Filing 375

ORDER granting the moving parties' stipulation and joint motions for dismissal without prejudice re: (374) Stipulation for Dismissal in case 8:08-cv-00436-JMG-CRZ and Stipulation for Dismissal in case 8:09-cv-00044-JMG-CRZ. The plaintiff's claims and Sunset Financial Services' cross-claims against Bryan S. Behrens are dismissed without prejudice. Ordered by Judge John M. Gerrard. (MKR, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BARBARA M. VACANTI,
PERSONAL REPRESENTATIVE OF
THE ESTATE OF MILO VACANTI,

8:08-CV-436

Plaintiff,
ORDER
vs.
SUNSET FINANCIAL SERVICES,
INC., and BRYAN S. BEHRENS,
Defendants.
BARBARA M. VACANTI,
PERSONAL REPRESENTATIVE OF
THE ESTATE OF MILO VACANTI,

8:09-CV-44

Plaintiff,
ORDER
vs.
SUNSET FINANCIAL SERVICES,
INC., and BRYAN S. BEHRENS,
Defendants.
This matter is before the Court on the stipulation and joint motions for
dismissal without prejudice (case no. 8:08-cv-436 filing 374; case no. 8:09-cv44 filing 294) of the plaintiff's claims and Sunset Financial Services' crossclaims against Bryan S. Behrens. As the Court previously stated in its order
of June 11, 2013 (case no. 8:08-cv-436 filing 373), 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' motions will be granted pursuant to Fed. R. Civ. P. 41(a)(2).
IT IS ORDERED:
1.

The moving parties' stipulation and joint motions for
dismissal without prejudice (case no. 8:08-cv-436 filing 374;
case no. 8:09-cv-44 filing 294) are granted.

2.

The plaintiff's claims and Sunset Financial Services' crossclaims against Bryan S. Behrens are dismissed without
prejudice.

Dated this 26th day of July, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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