Green et al v. Sunset Financial Services, Inc. et al

Filing 362

ORDER - The motion for dismissal with prejudice (filing 361 ) is granted. William Green's claims against Sunset Financial Services are dismissed with prejudice. All claims having been dismissed, this case is closed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
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 joint motion for
dismissal with prejudice (filing 361) of William Green's claims against Sunset
Financial Services. That motion will be granted.
With the dismissal of William Green's claims against Sunset, no claims
remain pending in this case. Sunset's counterclaim against William Green
was severed by the bankruptcy court pursuant to Fed. R. Bankr. P. 7021 and
Fed. R. Civ. P. 21, and remains pending in the bankruptcy court. Filings 240
and 242. But because it was severed pursuant to Rule 21, it proceeds in a
discrete, independent action, and it is the Court's duty to render final
judgments on the claims before it. See E.S. v. Indep. Sch. Dist., 135 F.3d 566,
568 (8th Cir. 1998). Accordingly, the Court will close this case and render
final judgment under Fed. R. Civ. P. 58(a).
IT IS ORDERED:
1.

The motion for dismissal with prejudice (filing 361) is
granted.

2.

William Green's claims against Sunset Financial Services
are dismissed with prejudice.

3.

All claims having been dismissed, this case is closed.

4.

A separate judgment will be entered.

Dated this 20th day of August, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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