Agstar Financial Services, FLCA et al v. Oolman Dairy Leasing LLC et al
| Agstar Financial Services, PCA and Agstar Financial Services, FLCA |
| DeLaval, Inc., Caterpillar Financial Services Corporation, C & Y Oil Company, Paulding County Treasurer, Midwest Dairy Investments, LLC, First National Bank, Oolman Dairy LLC, Oolman Dairy Leasing LLC, CNH Capital America, LLC, Gerrit Willem Joan Oolman and Vreba-Hoff Dairy Development, LLC |
| John M. Roach |
| 3:2009cv02445 |
| October 20, 2009 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Paulding |
| David A Katz |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 11, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 180 Marginal Entry Order granting dismissal of DeLaval's amended cross-claim against Midwest Dairy Investments, LLC without prejudice re #179 . Judge David A. Katz on 8/11/2011. (R,Ci) |
| Filing 179 Notice of Dismissal Under FRCP 41(a)(1) filed by DeLaval, Inc.. (Nageleisen-Blades, Christy) |
| Filing 178 Amended Memorandum Opinion and Judgment Entry. Judge David A. Katz on 7/15/11. (G,C) |
Order [non-document]granting Motion to alter/amend judgment (Related Doc #177 ). Judge David A. Katz on 7/15/11.(G,C)
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| Filing 177 Motion to alter/amend judgment filed by Plaintiff Agstar Financial Services, PCA. Related document(s) #176 . (Valentine, Nancy) |
| Filing 176 Memorandum Opinion and Judgment re #158 granting Motion for summary judgment as stated herein. Judge David A. Katz on 5/2/2011. (R,Ci) |
| Filing 175 Response Regarding April 4, 2011 Order of the Court filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #174 . (Attachments: #1 Exhibit A) (Wick, Christopher) |
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Filing 174
ORDER Plaintiffs granted to 4/15/2011 to show cause why their motion for summary judgment is not subject to a bankruptcy stay or falls within the limited Relief From the Automatic Stay filed with the Court. Judge David A. Katz on 4/4/11. (G,C)
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| Filing 173 Status Report /Status Update filed by DeLaval, Inc.. (Nageleisen-Blades, Christy) |
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Filing 172
Order granting receiver's twelfth application for approval of fees and expenses re #170 . Judge David A. Katz on 12/21/2010. (R,Ci)
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| Filing 171 Certificate of No Objection and Request for Order Granting the Receiver's Twelfth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #170 .(McElwee, Michael) Modified on 12/22/2010 (G,D). |
| Filing 170 Twelfth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - October Invoice, #2 Exhibit B - November Invoice)(McElwee, Michael) Modified on 12/6/2010 (G,D). |
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Filing 169
Order terminating Oolman Receivership (Related Doc #166 ). Judge David A. Katz on 11/22/2010.(R,Ci)
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Filing 168
Order granting receiver's eleventh application for approval of fees and expenses re #164 . Judge David A. Katz on 11/8/2010. (R,Ci)
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| Filing 167 Notice of Service of Motion for Termination of Receivership filed by John M. Roach. Related document(s) #166 .(McElwee, Michael) Modified on 11/8/2010 (G,D). |
| Filing 166 Motion for Termination of Receivership filed by Receiver John M. Roach. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(McElwee, Michael) |
| Filing 165 Certificate of No Objection AND Request for Order Granting the Receiver's Eleventh Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #164 .(McElwee, Michael) Modified on 11/8/2010 (G,D). |
| Filing 164 Eleventh Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit September Invoice)(McElwee, Michael) Modified on 10/25/2010 (G,D). |
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Filing 163
Order granting receiver's tenth application for approval of fees and expenses re #159 . Judge David A. Katz on 10/18/2010. (R,Ci)
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| Filing 162 Certificate of No Objection AND Request for Order Granting the Receiver's Tenth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #159 .(McElwee, Michael) Modified on 10/13/2010 (G,D). |
| Filing 161 Notice of Receiver's Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit)(McElwee, Michael) Modified on 10/12/2010 (G,D). |
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Filing 160
Order granting Motion to distribute sale proceeds from the sale of the Oolman receivership property (Related Doc #157 ). Judge David A. Katz on 10/7/2010.(R,Ci)
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| Filing 159 Tenth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit August 2010 Invoice)(McElwee, Michael) Modified on 9/30/2010 (G,Di). |
| Filing 158 Motion for summary judgment filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #1 . (Attachments: #1 Exhibit A - Godfrey Affidavit, #2 Exhibit B - Hessmeyer Declaration, #3 Proposed Order Proposed Judgment Entry Decree of Foreclosure)(Valentine, Nancy) Modified on 9/27/2010 (G,D). |
| Filing 157 Motion to Distribute Sale Proceeds from the Sale of the Oolman Receivership Property filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A, #2 Exhibit B) (Valentine, Nancy) Modified on 9/20/2010 (B,TM). |
| Filing 156 Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit)(McElwee, Michael) Modified on 9/16/2010 (B,TM). |
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Filing 155
Order granting receiver's ninth application for approval of fees and expenses re #144 . Judge David A. Katz on 9/2/2010. (R,Ci)
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Filing 154
Order granting receiver's eighth application for approval of fees and expenses re #135 . Judge David A. Katz on 9/2/2010. (R,Ci)
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| Filing 153 Stipulation and Agreed Order dismissing DeLaval Inc.'s counterclaim with prejudice re #150 . Judge David A. Katz on 9/1/2010. (R,Ci) |
| Filing 152 Notice Certificate of No Objection and Request for Order Granting the Receiver's Ninth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #144 .(McElwee, Michael) |
| Filing 151 Notice Certificate of No Objection and Request for Order Granting the Receiver's Eighth Application for Approval of fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #135 .(McElwee, Michael) |
| Filing 150 Proposed Stipulation and Agreed Order Dismissing DeLaval Inc.'s Counterclaim filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, DeLaval, Inc.. Related document(s) #91 . (Valentine, Nancy) Modified on 8/30/2010 (G,D). |
| Filing 149 SEALED Document: Settlement Agreement filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, DeLaval, Inc.. Related document(s) #148 . (Valentine, Nancy) |
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Filing 148
Order granting Motion to file settlement agreement under seal (Related Doc #147 ). Judge David A. Katz on 8/27/2010.(R,Ci)
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| Filing 147 Joint Motion to seal Joint Motion of the AgStar Entities and DeLaval, Inc. to File Settlement Agreement Under Seal filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Defendant DeLaval, Inc.. (Attachments: #1 Exhibit A)(Valentine, Nancy) |
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Filing 146
Order re sale of Paulding County Parcel #139 (see order for details). Judge David A. Katz on 8/18/2010. (R,Ci)
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| Filing 145 Status Report regarding 8/16/10 Status Conference filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 8/17/2010 (B,TM). |
| Telephone Conference held by Judge David A. Katz on 8/16/10. (Non Document)(G,C) |
| Filing 144 Notice Ninth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A July Invoice for Receiver Fees)Related document(s) #14 .(McElwee, Michael) |
| Filing 143 Notice of Receiver's Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit July Receiver Report)(McElwee, Michael) Modified on 8/13/2010 (C,D). |
| Filing 142 Notice of Entry of Orders by the Bankruptcy Court Granting the AgStar Entities Relief from the Automatic Stay and Excusing Compliance with Bankruptcy Code Section 543 filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A-B)Related document(s) #141 .(Wick, Christopher) |
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Order (Non Document) Telephone Conference set for 8/16/2010 at 9:00 AM. Participating counsel to call Court's bridge line (419) 213-5510, Access 551011.. Judge David A. Katz on 8/10/10. (G,C)
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| Filing 141 Notice of Filing Bankruptcy (attachment from U.S. Bankruptcy Court in Southern District of Indiana filed by Midwest Dairy Investments, LLC, Oolman Dairy Leasing LLC, Vreba-Hoff Dairy Development, LLC. Related document(s) #140 .(Ozimek, Mark) |
| Filing 140 Notice of Filing Bankruptcy of Oolman Dairy Leasing, LLC filed by Midwest Dairy Investments, LLC, Oolman Dairy Leasing LLC, Vreba-Hoff Dairy Development, LLC. (Ozimek, Mark) |
| Filing 139 Proposed Order Granting Receivers Expedited Motion for Entry of an Order (1) Authorizing Sale of Receivership Property Free and Clear of Liens, Claims and Encumbrances; (2) Approving Bid Procedures with Regard to Sale of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; and (5) Approving Other Matters Related to the Sale of Receivership Property filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, John M. Roach. Related document(s) #118 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Wick, Christopher) |
| Filing 138 Notice of Filing Proof of Publication filed by John M. Roach. (Attachments: #1 Exhibit)(McElwee, Michael) |
| Filing 137 Notice of Consolidated Auction Results for Oolman Receivership Property filed by John M. Roach. (McElwee, Michael) |
| Filing 136 Notice of Substitution of Counsel removing attorney James R. Knepp, II and adding attorney Mark A. Ozimek filed by on behalf of Midwest Dairy Investments, LLC, Oolman Dairy Leasing LLC. (Ozimek, Mark) |
| Filing 135 Notice Eighth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A June Invoice of Fees)(McElwee, Michael) Modified on 8/3/2010 (C,D). |
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Filing 134
Order granting receiver's seventh application for approval of fees and expenses re #123 . Judge David A. Katz on 7/27/10. (R,Ci)
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| Filing 133 Notice of Stalking Horse Bidder and Accepted Stalking Horse Bid for Oolman Receivership Property filed by John M. Roach. (Attachments: #1 Exhibit A: Purchase Agreement)(McElwee, Michael) |
| Filing 132 Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A)(McElwee, Michael) |
| Filing 131 Notice Certificate of No Objection and Request for Order Granting the Receiver's Seventh Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #123 .(McElwee, Michael) |
| Filing 130 Notice of Withdrawing Subpoena filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) |
| Filing 129 Notice of Hearing, Consolidated Auction and Bidding Procedures for Sale of Receivership Properties filed by John M. Roach. Related document(s) #127 .(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 128 Notice Of Bid Procedures; Consolidated Auction Date; And Sale Hearing Regarding Proposed Auction And Sale Of Oolman Receivership Property filed by John M. Roach. (Attachments: #1 Exhibit 1 - Bid Procedures, #2 Exhibit 1A - Purchase Agreement)Related document(s) #127 .(McElwee, Michael) Modified on 7/9/2010 (G,D). |
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Filing 127
Order Re Paulding County sale re #118 Sale hearing set for 8/9/10 at 10:00 AM in Courtroom 224. Judge David A. Katz on 7/7/2010. (Attachments: #1 Purchase Agreement, #2 Notice of Bid Procedures, #3 Bid Procedures, #4 Sale Notice)(R,Ci)
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| Filing 126 Proposed Order Order (1) Approving Bid Procedures; (2) Scheduling Auction; (3) Scheduling Sale Hearing; (4) Approving Form and Manner of Service of Notice of Bid Procedures; and (5) Granting Related Relief filed by John M. Roach. Related document(s) #118 . (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Notice of Bid Procedures, #3 Exhibit B1 - Bid Procedures, #4 Exhibit C - Sale Notice)(McElwee, Michael) |
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Filing 125
Order granting receiver's sixth application for approval of fees and expenses re #116 . Judge David A. Katz on 7/7/2010. (R,Ci)
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| Telephone Conference held by Judge David A. Katz on 7/6/10. (Non Document)(G,C) |
| Filing 124 Response to #118 Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Memorandum in Opposition to Receiver's Expedited Motion for Order Authorizing Sale filed by DeLaval, Inc.. (Attachments: #1 Exhibit Declaration of Wyatt Smith, #2 Exhibit AgStar UCC Filing, #3 Exhibit AgStar UCC Termination Statement)(Nageleisen-Blades, Christy) |
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Order (Non Document) Telephone Conference set for 7/6/2010 at 9:00 AM. Counsel to call bridge (419) 213-5510, access 551011. Judge David A. Katz on 6/30/10. (G,C)
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| Filing 123 Seventh Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Oolman Invoice)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 122 Certificate of No Objection and Request for Order Granting the Receiver's Sixth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #116 .(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 121 Proposed Order Order (1) Approving Bid Procedures; (2) Scheduling Auction; (3) Scheduling Sale Hearing; (4) Approving Form And Manner Of Service Of Notice Of Bid Procedures; And (5) Granting Related Relief filed by John M. Roach. Related document(s) #118 . (Attachments: #1 Exhibit A - Proposed Bid Procedures, #2 Exhibit B - Purchase Agreement, #3 Exhibit C - Sale Notice)(McElwee, Michael) |
| Filing 120 Affidavit/Declaration Signed Declaration (Exhibit D to Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Schedul ing Consolidated Auction; (4) Scheduling Sale Hearing; And (5) Approving Other Matters Related To The Sale Of Receivership Property filed by John M. Roach. Related document(s) #118 . (McElwee, Michael) |
| Filing 119 Receivers Motion For Expedited Hearing On And Shortening Of Response Time To Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; And (5) Approving Other Matters Related To The Sale Of Receivership Property [Docket No. 118] filed by Receiver John M. Roach. Related document(s) #118 . (McElwee, Michael) Modified on 6/25/2010 (C,D). |
| Filing 118 Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; And (5) Approving Other Matters Related To The Sale Of Receivership Property filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - Bid Procedures, #2 Exhibit B - Purchase Agreement, #3 Exhibit C - Notice of Sale, #4 Exhibit D - Unsigned Declaration of John Roach)(McElwee, Michael) |
| Filing 117 Receiver's Notice of Amended Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A - Amended Monthly Financials)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 116 Sixth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Invoice)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 115 Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit Monthly Receiver Report)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
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Filing 114
Order granting #112 Motion to Extend time to file Dispositive Motions to 7/30/2010, 3 weeks for response, 10 days for reply. Judge David A. Katz on 6/9/2010.(R,Ci)
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Filing 113
Order granting #111 Motion to extend time to complete discovery to 7/16/10. Judge David A. Katz on 6/9/2010.(R,Ci)
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| Filing 112 Joint Motion for extension of Dispositive Motion deadline until July 30, 2010 filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Defendant DeLaval, Inc.. Related document(s) #92 . (Attachments: #1 Proposed Order)(Valentine, Nancy) |
| Filing 111 Joint Motion for extension of Discovery until July 16, 2010 filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Defendant DeLaval, Inc.. Related document(s) #92 . (Attachments: #1 Proposed Order)(Valentine, Nancy) |
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Filing 110
Order granting receiver's fifth application for approval of fees and expenses re #105 . Judge David A. Katz on 6/8/2010. (R,Ci)
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Filing 109
Order granting receiver's fourth application for approval of fees and expenses re #100 . Judge David A. Katz on 6/8/2010. (R,Ci)
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| Filing 108 Certificate of No Objection and Request for Order Granting the Receiver's Fifth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #105 .(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 107 Certificate of No Objection and Request for Order Granting the Receiver's Fourth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #100 .(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 106 Notice of Service of Discovery Responses filed by Oolman Dairy LLC. (Schlageter, Joseph) |
| Filing 105 Fifth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Invoices)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
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Filing 104
ORDER phone status held on 5/17/10.. Judge David A. Katz on 5/17/10. (G,C)
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| Filing 103 Notice of Service of Discovery Responses filed by Oolman Dairy LLC. (Perkins, Jeffrey) |
| Filing 102 Receiver's Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A - Monthly Receiver Report)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 101 Notice of Receiver's Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(McElwee, Michael) |
| Filing 100 Fourth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A, #2 Exhibit B)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 99 Answer to Amended Cross Claim of Defendant DeLaval, Inc. filed by Midwest Dairy Investments, LLC, Oolman Dairy Leasing LLC. (Knepp, James) |
| Filing 98 Answer Plaintiffs' Answer to the Cross Claim and Counterclaim Filed by Defendant DeLaval, Inc. filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #91 . (Valentine, Nancy) |
| Filing 97 Answer and Affirmative Defenses to Amended Crossclaim and Counterclaim of DeLaval, Inc. filed by Caterpillar Financial Services Corporation. Related document(s) #91 . (Attachments: #1 Exhibit A - Installment Sale Contract) (Campana, Jeremy) |
| Filing 96 Answer to Complaint Amended Cross-claim and Counterclaim of Delaval, Inc. filed by First National Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(O'Brien, John) |
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Filing 95
Order granting receiver's third application for fees and expenses re #73 . Judge David A. Katz on 3/23/2010. (R,Ci)
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| Filing 94 Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A - Abridged Balance Sheet, #2 Exhibit B - Profit & Loss 02/10, #3 Exhibit C - Gen. Ledger 02/18/10, #4 Exhibit D - Monthly Event Summary 02/10, #5 Exhibit E - Cattle Inventory 10/09-02/10, #6 Exhibit F - Real Escrow Agreement, #7 Exhibit G - Personal Escrow Agreement)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 93 Answer to Complaint /Amended Cross Claim and Counterclaim of Defendant Delaval, Inc. with Affirmative Defenses filed by Gerrit Willem Joan Oolman, Oolman Dairy LLC. (Perkins, Jeffrey) |
| Filing 92 CASE MANAGEMENT CONFERENCE ORDER CMC held on 3/16/10. Discovery due by 6/16/2010. Dispositive Motions due by 6/30/2010, 3 weeks for response, 10 days for reply. Telephone Conference set for 5/17/2010 at 10:30 AM. Participating counsel shall call Court's bridge line (419) 213-5519, access 551011. Judge David A. Katz on 3/19/10. (G,C) |
| Filing 91 Amended Counterclaim against Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Amended Crossclaim against First National Bank, Oolman Dairy LLC, Paulding County Treasurer, Midwest Dairy Investments, LLC, CNH Capital America LLC, Oolman Dairy Leasing LLC, Caterpillar Financial Services Corporation. Filed by DeLaval, Inc.. Related document: #90 , #1 , #85 . (Nageleisen-Blades, Christy) Modified on 3/18/2010 (R,Ci). |
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Filing 90
Order granting Motion for leave to file an amended cross claim. Parties have 3 weeks to respond (Related Doc #85 ). Judge David A. Katz on 3/16/2010.(R,Ci)
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| Filing 89 Initial Disclosures filed by Gerrit Willem Joan Oolman, Oolman Dairy LLC. (Perkins, Jeffrey) |
| Filing 88 Initial Disclosures filed by DeLaval, Inc.. (Nageleisen-Blades, Christy) |
| Filing 87 Certificate of No Objection and Request for Order Granting the Receiver's Third Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #73 .(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 86 Initial Disclosures filed by C & Y Oil Company. (Attachments: #1 Exhibit)(Jones, Michael) |
| Filing 85 Motion for leave to File Instanter Amended Cross Claim Against Midwest Dairy Investments filed by Cross-Claimant DeLaval, Inc.. Related document(s) #48 . (Attachments: #1 Pleading Amended Cross Claim, #2 Proposed Order)(Nageleisen-Blades, Christy) |
| Filing 84 Status Report Report of Parties' Planning Meeting filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) |
| Filing 83 Notice of Service of scheduling notices filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Valentine, Nancy) Modified on 3/3/2010 (G,D). |
| Filing 82 Attorney Appearance by John A. O'Brien filed by on behalf of First National Bank. (O'Brien, John) |
| Filing 81 Address Change Notice (UNSIGNED) by John A. O'Brien filed by on behalf of First National Bank. (O'Brien, John) Modified on 3/1/2010 (G,Di). |
| Filing 79 Answer to #1 Complaint,, filed by C & Y Oil Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Jones, Michael) |
| Filing 80 Return of Service by Clerk by certified mail executed upon C & Y Oil Company on 2/23/2010 filed on behalf of All Plaintiffs Related document(s) #1 . (G,D) |
| Filing 78 Notice of Case Management Conference to be held on 3/16/2010 at 10:00 AM via telephone before Judge David A. Katz. Recommended track: standard. Parties are directed to call the Court's bridge line 419-213-5510 access 551011(R,Ci) |
| Service by Clerk. Summons and Complaint addressed to C & Y Oil Company placed in U.S. Mail. Type of service: Certified Mail mail. Receipt # 7001 0360 0002 4125 7512. (C,D) |
| Filing 77 Original Summons issued to attorney for service upon C & Y Oil Company. (C,D) |
| Filing 76 Praecipe for issuance of Summons and for Service filed by All Plaintiffs. Related document(s) #1 , #3 . (Attachments: #1 Summons)(Valentine, Nancy) |
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Filing 75
Order granting Motion to add C & Y Oil Company, Inc. as a defendant; service to be perfected within 14 days (Related Doc #71 ). Judge David A. Katz on 2/12/2010.(R,Ci)
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| Filing 74 Notice Receiver's Notice of Filing Updated Comprehensive Inventory for Oolman Dairy, LLC filed by John M. Roach. (Attachments: #1 Exhibit A-Recvr Abridged Balance Sheet, #2 Exhibit B-Profit & Loss 12.09, #3 Exhibit C-General Ledger 12.31.09, #4 Exhibit D-MES 12.09, #5 Exhibit E-Profit & Loss 01.10, #6 Exhibit F-General Ledger 01.31.10, #7 Exhibit G-MES 01.10, #8 Exhibit H-Cattle Inventory)(McElwee, Michael) |
| Filing 73 Third Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A)(McElwee, Michael) Modified on 7/9/2010 (G,D). |
| Filing 72 Attorney Appearance by Michael S. McElwee filed by on behalf of John M. Roach. (McElwee, Michael) |
| Filing 71 Motion for Order to Add C & Y Oil Company, Inc. as an Additional Lienholder Defendant filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A, #2 Proposed Order)(Valentine, Nancy) |
| Filing 70 Notice of Filing Updated Judicial Commitment for Title Insurance filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) |
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Filing 69
Order granting receiver's second application for approval of fees and expenses re #64 Notice filed by John M. Roach. Judge David A. Katz on 2/8/2010. (R,Ci)
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| Filing 68 Affidavit/Declaration Certificate of No Objection and Request for Order Granting the Receiver's Second Application for Approval of Fees and Expenses filed by John M. Roach. Related document(s) #64 . (Attachments: #1 Proposed Order)(Eagle, Timothy) |
| Financial Transaction in the amount of $100.00 received for motion to appear pro hac vice by attorney Michael S. McElwee, Receipt # 34660004755. Related document(s) #63 . (M,L) |
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Filing 67
Order granting Receiver's First Application for approval of fees & expenses. Judge David A. Katz on 1/29/10. (G,C)
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| Filing 66 Notice of Appearance of John O'Brien filed by First National Bank. (O'Brien, John) Modified on 2/11/2010 (G,Di). |
| Filing 65 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Michael S. McElwee for John M. Roach (Related Doc #63 ). Judge David A. Katz on 1/19/2010.(R,Ci) |
| Filing 64 Second Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)(Eagle, Timothy) Modified on 1/21/2010 (G,D). |
| Filing 63 Motion for attorney Michael S. McElwee to Appear Pro Hac Vice filed by Receiver John M. Roach. Filing fee paid on 2/4/2010. Receipt Number 34660004755. (Attachments: #1 Affidavit)(Eagle, Timothy) Modified on 2/1/2010 to indicate phv filing fee not paid. (G,CA). Modified on 2/4/2010 to include payment information.(M,L). |
| Filing 62 Certificate of No Objection and Request for Order Granting the Receiver's First Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #44 .(Eagle, Timothy) Modified on 1/21/2010 (G,D). |
| Filing 61 Joint Status Report Status Report Dated January 11, 2010 filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 1/13/2010 (G,D). |
| Filing 60 Answer to #48 Cross-Claim and Counterclaim of DeLaval Inc. Filed by Defendant DeLaval, Inc. filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 1/4/2010 (G,D). |
| Filing 59 Answer to #48 Crossclaim of DeLaval Inc. filed by CNH Capital America LLC. (Attachments: #1 Exhibit UCC-1, #2 Exhibit UCC-1)(Lillard, Samuel) Modified on 1/4/2010 (G,D). |
| Filing 58 Answer to Crossclaim of DeLaval, Inc. filed by First National Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dillon, Thomas) |
| Filing 57 Answer to #1 Complaint,, filed by First National Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Dillon, Thomas) |
| Filing 56 Notice of Filing Comprehensive Inventory for Oolman Dairy, LLC, LLC filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - Profit & Loss Statement, #2 Exhibit B Part I - General Ledger, #3 Exhibit B Part II - General Ledger, #4 Exhibit B - Part III - General Ledger, #5 Exhibit C - Equipment Inventory, #6 Exhibit D - Cull/Calf Savings Account)(Eagle, Timothy) Modified on 12/23/2009 (G,Di). |
| Filing 55 Answer to #48 Crossclaim and Counterclaim of Delaval, Inc. filed by Gerrit Willem Joan Oolman, Oolman Dairy LLC. (Schlageter, Joseph) Modified on 12/23/2009 (G,Di). |
| Filing 54 Marginal Entry Order granting Motion for appearance pro hac vice by attorney John O'Brien for First National Bank (Related Doc #53 ). Judge David A. Katz on 12/17/2009.(R,Ci) |
| Filing 53 Motion for attorney John O'Brien to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-3879375, filed by Defendant First National Bank. (Attachments: #1 Exhibit A)(Dillon, Thomas) |
| Filing 52 Marginal Entry Order granting #51 First National Bank of Syracuse Motion for Extension to 12/24/09 to Answer. Judge David A. Katz on 12/15/09.(G,C) |
| Filing 51 Motion for extension of time until 12/24/09 to answer Plaintiffs' Complaint filed by Defendant First National Bank. (Dillon, Thomas) |
| Filing 50 Notice of Dairy Inventory Filing filed by John M. Roach. (Attachments: #1 Exhibit A)(Eagle, Timothy) |
| Filing 49 Answer to #48 Crossclaim of Defendant Delaval, Inc.filed by Midwest Dairy Investments, LLC, Oolman Dairy Leasing LLC. (Knepp, James) Modified on 12/8/2009 (G,D). |
| Filing 48 Answer to #1 Complaint, Crossclaim against Oolman Dairy LLC, CNH Capital America LLC, Midwest Dairy Investments, LLC, First National Bank, Paulding County Treasurer, Caterpillar Financial Services Corporation, Oolman Dairy Leasing LLC, Counterclaim against Oolman Dairy LLC, CNH Capital America LLC, Midwest Dairy Investments, LLC, First National Bank, Paulding County Treasurer, Caterpillar Financial Services Corporation, Oolman Dairy Leasing LLC, filed by DeLaval, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Nageleisen-Blades, Christy) Modified on 12/4/2009 (G,D). |
| Filing 46 Answer to #1 Complaint filed by Gerrit Willem Joan Oolman, Oolman Dairy LLC. (Perkins, Jeffrey) |
| Set Deadlines and Hearings Status Report due by 1/11/2010. Related document(s) #43 . (G,D) |
| Filing 47 Return of Service by Clerk by certified mail executed upon CNH Capital America LLC (no date of service listed on green card) filed on behalf of Agstar Financial Services, PCA, Agstar Financial Services, FLCA Related document(s) #1 . (G,D) |
| Filing 45 Notice of service of first application of receiver for approval of fees and expenses filed by John M. Roach. Related document(s) #44 .(Eagle, Timothy) Modified on 12/2/2009 (G,D). |
| Filing 44 First Application of Receiver for approval of fees and expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Invoice)(Eagle, Timothy) Modified on 12/1/2009 (G,Di). |
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Filing 43
CASE MANAGEMENT CONFERENCE ORDER CMC held on 11/23/09. Plaintiffs shall file status report by 1/11/10. Judge David A. Katz on 11/24/09. (G,C)
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| Filing 42 Attorney Appearance by Christy M. Nageleisen-Blades filed by on behalf of DeLaval, Inc.. (Nageleisen-Blades, Christy) |
| Filing 41 Answer to #1 Complaint,, filed by Midwest Dairy Investments, LLC, Oolman Dairy Leasing LLC, Vreba-Hoff Dairy Development, LLC. (Knepp, James) |
| Filing 40 Notice of Appearance by Jeffrey Yeager filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Yeager, Jeffrey) Modified on 11/18/2009 (G,Di). |
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Filing 39
Order Telephone Conference set for 11/23/2009 at 2:00 PM. Counsel shall call Court's bridge line at (419) 213-5510, Access 551011. Judge David A. Katz on 11/16/09. (G,C)
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| Filing 38 Answer to Complaint filed by CNH Capital America LLC. (Lillard, Samuel) |
| Filing 37 Status Report for Oolman Dairy, LLC dated November 6, 2009 filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - November 2009 Monthly Event Summary, #2 Exhibit B - Forage Payment Worksheet, #3 Exhibit C - Projected November Receiver Cash Flow)(Eagle, Timothy) Modified on 11/17/2009 (G,D). |
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Filing 36
Order granting #34 Motion for Extension of Time to Answer. DeLaval, Inc. answer due 12/2/2009. Judge David A. Katz on 11/13/2009.(R,Ci)
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| Filing 35 Answer to Complaint filed by Caterpillar Financial Services Corporation. Related document(s) #1 . (Attachments: #1 Exhibit A) (Campana, Jeremy) Modified on 11/17/2009 (G,D). |
| Filing 34 Motion for extension of time until 12/02/2009 to answer Plaintiffs' Complaint filed by Defendant DeLaval, Inc.. Related document(s) #1 . (Attachments: #1 Proposed Order)(Burke, James) |
| Filing 33 Attorney Appearance by James E. Burke filed by on behalf of DeLaval, Inc.. (Burke, James) |
| Filing 32 Status Report Receiver Status Report for Oolman Dairy, LLC dated October 30, 2009 filed by John M. Roach. (Attachments: #1 Exhibit A - Monthly Event Summary for October 2009)(Eagle, Timothy) |
| Filing 31 Return of Service by Personal Service at 1290 North Shoop Avenue, Suite 140, Wauseon, OH executed upon Oolman Dairy LLC on 10/27/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 , #8 . (Valentine, Nancy) |
| Filing 30 Return of Service by Personal Service at c/o Michael S. Messenger, Four Seagate, 9th Floor, Toledo, OH executed upon Midwest Dairy Investments, LLC on 10/27/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 , #8 . (Valentine, Nancy) |
| Filing 29 Return of Service by Personal Service at 1290 North Shoop Avenue, Suite 140, Wauseon, OH executed upon Vreba-Hoff Dairy Development, LLC on 10/27/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 , #8 . (Valentine, Nancy) |
| Filing 28 Return of Service by Personal Service at 1290 North Shoop Avenue, Suite 140, Wauseon, OH executed upon Oolman Dairy Leasing LLC on 10/27/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 , #8 . (Valentine, Nancy) |
| Filing 27 Return of Service by Personal Service at 8636 Road 51, Payne, OH 45880 executed upon Gerrit Willem Joan Oolman filed on behalf of Agstar Financial Services, PCA, Agstar Financial Services, FLCA Related document(s) #1 , #6 . (Valentine, Nancy) |
| Filing 26 Return of Service by Personal Service at 6755 Co. Rd. 144, Antwerp, OH executed upon Gerrit Willem Joan Oolman filed on behalf of Agstar Financial Services, PCA, Agstar Financial Services, FLCA Related document(s) #1 , #8 . (Valentine, Nancy) |
| Filing 25 Return of Service by Personal Service at 6787 Co. Rd. 144, Antwerp, OH executed upon Gerrit Willem Joan Oolman on 10/27/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 , #8 . (Valentine, Nancy) |
| Filing 24 Return of Service by Clerk by certified mail executed upon First National Bank on 10/26/2009 filed on behalf of Agstar Financial Services, PCA and Agstar Financial Services, FLCA. Related document(s) #1 (B,TM) |
| Filing 23 Return of Service by Clerk by certified mail executed upon Caterpillar Financial Services Corporation on 10/28/2009 filed on behalf of Agstar Financial Services, PCA and Agstar Financial Services, FLCA. Related document(s) #1 (B,TM) |
| Filing 22 Return of Service by Clerk by certified mail executed upon DeLaval, Inc. on 10/23/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 . (G,D) |
| Filing 21 Return of Service by Clerk by certified mail executed upon Oolman Dairy LLC on 10/22/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 . (G,D) |
| Filing 20 Return of Service by Clerk by certified mail executed upon Oolman Dairy Leasing LLC on 10/23/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 . (G,D) |
| Filing 19 Return of Service by Clerk by certified mail executed upon Paulding County Treasurer on 10/22/2009 filed on behalf of Agstar Financial Services, PCA; Agstar Financial Services, FLCA Related document(s) #1 . (G,D) |
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Filing 18
Order granting #17 Motion for Extension of Time for defendants Oolman Dairy, LLC and Gerrit Willem Joan Oolman to answer to 11/30/09. Judge David A. Katz on 10/28/2009.(R,Ci)
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| Filing 17 Amended Motion for extension of time until November 30, 2009 to Move, Plead, or Answer Plaintiff's Complaint filed by Gerrit Willem Joan Oolman, Oolman Dairy LLC. (Attachments: #1 Proposed Order)(Perkins, Jeffrey) |
| Filing 16 FILING ERROR: Attorney filed on behalf of wrong party. To be refiled. Motion for extension of time until November 30, 2009 to Move, Plead, or Answer Plaintiff's Complaint filed by Gerrit Willem Joan Oolman, Oolman Dairy LLC. (Attachments: #1 Proposed Order)(Perkins, Jeffrey) Modified on 10/27/2009 (M,L). |
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Filing 15
Order of possession as stated herein. Judge David A. Katz on 10/26/2009. (R,Ci)
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Filing 14
Order appointing Roach & Associates, LLC as receiver as stated herein. Judge David A. Katz on 10/26/2009. (R,Ci)
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| Filing 13 Notice of Review of Foreclosure Complaint and Accompanying Documents. (H,LA) |
| Filing 12 Proposed Order of Possession filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #5 . (Valentine, Nancy) |
| Filing 11 Proposed Order Appointing Receiver filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #4 . (Valentine, Nancy) |
| Filing 10 Attorney Appearance by Jeffrey J. Perkins filed by on behalf of Gerrit Willem Joan Oolman, Oolman Dairy LLC. (Perkins, Jeffrey) |
| Filing 9 FILING ERROR: Attorney linked to wrong party. Attorney Appearance by Jeffrey J. Perkins filed by on behalf of Oolman Dairy Leasing LLC. (Perkins, Jeffrey). Modified on 10/21/2009 (M,C). |
| Service by Clerk. Summons and Complaint addressed to CNH Capital America LLC by certified mail #7001 0360 0002 4126 0260; Caterpillar Financial Services Corporation by certified mail #7001 0360 0002 4126 0253; DeLaval, Inc. by certified mail #7001 0360 0002 4126 0307; First National Bank by certified mail #7001 0360 0002 4126 0277; Oolman Dairy LLC by certified mail #7001 0360 0002 4126 0291; Oolman Dairy Leasing LLC by certified mail #7001 0360 0002 4126 0321 and Paulding County Treasurer by certified mail #7001 0360 0002 4126 0307 placed in U.S. Mail. (G,Di) |
| Filing 8 Original Summons (14) issued for service upon CNH Capital America LLC, Caterpillar Financial Services Corporation, DeLaval, Inc., First National Bank, Midwest Dairy Investments, LLC, Gerrit Willem Joan Oolman, Oolman Dairy LLC, Oolman Dairy Leasing LLC, Paulding County Treasurer, Vreba-Hoff Dairy Development, LLC. (Attachments: #1 Magistrate Consent Form) (M,L) Modified on 10/20/2009 (M,L). |
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Filing 7
ORDER reassigning case to Judge David A. Katz for all further proceedings. Judge Jack Zouhary no longer assigned to case. Judge Jack Zouhary on 10/20/09. (B,CJ)
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| Filing 6 Affidavit/Declaration of Daniel W. Godfrey filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #5 , #4 . (Attachments: #1 Exhibit A - Oolman Notes Payment History for FLCA Note, #2 Exhibit B - Oolman Notes Payment History for PCA Note, #3 Exhibit C - Borrowing Base Reports, #4 Exhibit D - Oolman Dairy, LLC Financial Information 6/30/09 and 2009, #5 Exhibit E - Financial Budget for Oolman Dairy, LLC Year 2009)(Valentine, Nancy) |
| Filing 5 Emergency Motion for order of possession of Specific Property Without Notice or Hearing filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Proposed Order Exhibit A, #2 U.S. Marshal Form)(Wick, Christopher) |
| Filing 4 Emergency Motion for the Appointment of a Receiver filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A - John Roach Qualifications and Experience, #2 Exhibit B - Retention and Compensation Terms, #3 Proposed Order Exhibit C)(Valentine, Nancy) |
| Filing 3 Appendix to Complaint for Breach of Contract, Foreclosure, Replevin and Other Relief filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #1 . (Attachments: #1 Tab A - Commitment for Title Insurance, #2 Tab B - FLCA Note, #3 Tab C - PCA Note, #4 Tab D - FLCA Mortgage, #5 Tab E - Easement, #6 Tab F - Security Agreements, #7 Tab G - UCC-1 Financing Statements, #8 Tab H - G. Oolman Guaranty, #9 Tab I - VHDD Guaranty, #10 Tab J - Acknowledgements, #11 Tab K - Pre-Negotiation Agreement, #12 Tab L - Oolman DLP Notice, #13 Tab M - Oolman Dairy DLP Notice, #14 Tab N - Oolman Interest Rate Notice, #15 Tab O - Oolman Dairy Revocation Notice, #16 Tab P - Oolman Denials, #17 Tab Q - Oolman Default Notice, #18 Tab R - Oolman Dairy Default Notice, #19 Tab S - Oolman Dairy Interest Rate Notice)(Valentine, Nancy) |
| Filing 2 Corporate Disclosure Statement by Agstar Financial Services, PCA, Agstar Financial Services, FLCA identifying Corporate Parent Agstar Financial Services, ACA for Agstar Financial Services, FLCA, Agstar Financial Services, PCA. filed by Agstar Financial Services, PCA, Agstar Financial Services, FLCA. (Valentine, Nancy) |
| Filing 1 Complaint for Breach of Contract, Foreclosure, Replevin and Other Relief against CNH Capital America LLC, Caterpillar Financial Services Corporation, DeLaval, Inc., First National Bank, Midwest Dairy Investments, LLC, Gerrit Willem Joan Oolman, Oolman Dairy LLC, Oolman Dairy Leasing LLC, Paulding County Treasurer, Vreba-Hoff Dairy Development, LLC. Filing fee paid $ 350, receipt number 0647-3789265. Filed by Agstar Financial Services, PCA, Agstar Financial Services, FLCA. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Valentine, Nancy) |
| Judge Jack Zouhary assigned to case. (M,L) |
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