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07-315 - Brehm et al v. Capital Growth Financial et al


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07-315 - Brehm et al v. Capital Growth Financial et al
December 10, 2007
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ORDER granting 62 Motion to Extend. Ms. Engle shall have to on or before January 10, 2008, to file an answer to the plaintiffs' complaint. The Clerk of Court shall mail of copy of this Order to Ms. Engle at her last known address. Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed to pro se party)(ADB)
January 7, 2008
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REPORT AND RECOMMENDATION that MOTION to Remand ; or in the Alternative for Leave to Conduct Jurisdictional Discovery; to Extend Response Deadlines; and/or to Transfer Certain Claims9 be granted, in part. The portion of the motion seeking remand should be granted, except that no attorney fees be assessed against the removing defendants. The remainder of the motion need not be addressed. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
February 25, 2008
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ORDER that defendants' objections, Filing Nos. 68 and 71, to the report and recommendation of the magistrate judge, Filing No. 64, are overruled. The report and recommendation of the magistrate judge, Filing No. 64, is adopted. Plaintiffs' motion to remand, Filing No. 9, is granted. Defendant Stark Winter Schenkein&Co.'s motion to dismiss, Filing No. 6, denied without prejudice. The motion to dismiss, Filing No. 18, and motion to take judicial notice of defendants Capital Growth Financial, Capital Growth Equity Fund I, Alan Jacobs and Michael Jacobs, 20 are denied without prejudice. Defendant Gerald Parker's motion to dismiss, Filing No. 54, is denied without prejudice. The parties' stipulated motion for extension of time to file a response to defendant Gerald Parker's motion to dismiss, Filing No. 58, is denied as moot. This action is remanded to the District Court of Otoe County, Nebraska. Ordered by Chief Judge Joseph F. Bataillon. (ADB )