Vacanti v. Sunset Financial Services, Inc. et al

Filing 42

ORDER granting 36 Motion to lift stay and for leave to file an amended complaint. Plaintiff shall file and serve the Amended Complaint no later than 11/1/2010. Defendants shall respond within the time allowed by Fed. R. Civ. P. 15(a). Ordered by Magistrate Judge F.A. Gossett. (CLS, )

- F G 3 Vacanti v. Sunset Financial Services, Inc. et al

D o c . 42

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA M I L O VACANTI, P l a i n t i f f, vs. S U N S E T FINANCIAL SERVICES, I N C ., et al., D e f e n d a n t s. ) ) ) ) ) ) ) ) ) )

8 : 0 9 - c v - 0 0 0 4 4 - L S C -F G 3 ORDER

T h is case was stayed pending the Eighth Circuit's decision on the plaintiff's in te rlo c u to ry appeal in related case No. 8:08cv436. Upon review of the Eighth Circuit's d e c is io n in Lustgraaf v. Behrens, 2010 WL 3271242 (8th Cir. Aug. 20, 2010), together with th e court files in 8:08cv436 and the other related cases, I T IS ORDERED: 1 . P la in tif f 's Motion to Lift Stay and for Leave to File an Amended Complaint (Doc. 3 6 ) is granted, and this case is no longer stayed. 2 . P la in tif f shall file and serve the Amended Complaint no later than November 1, 2 0 1 0 . Defendants shall respond to the Amended Complaint within the time allowed by Fed. R . Civ. P. 15(a). DATED October 15, 2010. B Y THE COURT: s / F.A. Gossett, III U n ite d States Magistrate Judge

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