United States of America v. Mellum, Darren
| United States of America |
| David W. Mellum, Caterpillar Financial Services, Corp., Darren D. Mellum and Barbara E. Mellum |
| 3:2013cv00538 |
| July 31, 2013 |
| US District Court for the Western District of Wisconsin |
| Madison Office |
| Iowa |
| William M Conley |
| Stephen L Crocker |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 |
| None |
Docket Report
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| Document Text |
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| Filing 32 Satisfaction of Judgment of Foreclosure and Sale by Plaintiff United States of America (Attachments: #1 Certificate of Service) (Oswald, Barbara) |
| Filing 31 Writ of Execution Issued as to Defendants David Mellum et al. (arw) |
Filing 30
ORDER granting #29 Motion for Writ of Execution by Plaintiff United States of America. Signed by District Judge William M. Conley on 11/18/2014. (arw)
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| Filing 29 Motion for Writ of Execution by Plaintiff United States of America. (Attachments: #1 Writ of Execution, #2 Text of Proposed Order, #3 Certificate of Service) (Oswald, Barbara) |
| Filing 28 DEFAULT JUDGMENT OF FORECLOSURE AND SALE in favor of plaintiff United States of America against defendants Darren D. Mellum, David W. Mellum, Barbara E. Mellum and Caterpillar Financial Services, Corp. Plaintiff is entitled to recover from defendant Darren Mellum the sum of $54,310.30 plus interest on the award of damages from the date of judgment as set forth in 28 U.S.C. 1961 (a). Plaintiff is entitled to immediate possession and judgment of foreclosure and sale on the items of security on which Farm Service Agency has a security interest, as set forth in Attachment B. (WMC/PAO) (arw) |
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Filing 27
** TEXT ONLY ORDER **The court is in receipt of plaintiff the United States of America's motion to amend the opinion and order granting judgment by default #26 , which is GRANTED. The court amends its prior order #25 to include an award of post-judgment interest as follows: plaintiff is awarded interest on the award of damages from the date of judgment as set forth in 28 U.S.C. 1961(a). The clerk of court should include this award in the judgment. Signed by District Judge William M. Conley on 5/14/2014. (arw)
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| Filing 26 Motion to Amend/Correct #25 Order on Motion for Default Judgment, filed by Plaintiff United States of America. Response due 5/19/2014. (Attachments: #1 Certificate of Service) (Oswald, Barbara) |
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Filing 25
ORDER granting #18 Second Motion for Default Judgment as to All Defendants by Plaintiff United States of America. Signed by District Judge William M. Conley on 5/7/2014. (Attachments: #1 Attachment B to #23 Proposed Findings of Fact and Conclusions of Law) (arw)
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| Filing 24 Certificate of Service by Plaintiff United States of America as to #23 Proposed Findings of Fact and Conclusions of Law, #18 Second Motion for Default Judgment as to All Defendants, #19 Declaration, #21 Declaration, #22 Proposed Order, #20 Declaration. (Oswald, Barbara) Modified on 4/28/2014. (lak) |
| Filing 23 Proposed Findings of Fact and Conclusions of Law by Plaintiff United States of America re: #18 Motion for Default Judgment filed by United States of America (Attachments: #1 Exhibit A - Amount Due and Owing, #2 Exhibit B - List of Items of Security) (Oswald, Barbara) Modified on 4/28/2014. (lak) |
| Filing 22 Proposed Judgment of Foreclosure and Sale. (Attachments: #1 Exhibit A - Amount Due and Owing #2 Exhibit B - List of Items of Security) (Oswald, Barbara) Modified on 4/28/2014. (lak) |
| Filing 21 Declaration of Jeffrey J. Gruetzmacher filed by Plaintiff United States of America re: #18 Motion for Default Judgment (Attachments: #1 Exhibit A - Security Agreement, #2 Exhibit B - Appraisal) (Oswald, Barbara) |
| Filing 20 Declaration of Douglas Lund filed by Plaintiff United States of America re: #18 Motion for Default Judgment (Attachments: #1 Exhibit A - Loan Balance) (Oswald, Barbara) Modified on 4/28/2014. (lak) |
| Filing 19 Declaration of Barbara L. Oswald filed by Plaintiff United States of America re: #18 Motion for Default Judgment. (Oswald, Barbara) |
| Filing 18 Second Motion for Default Judgment as to All Defendants by Plaintiff United States of America. (Oswald, Barbara) Modified on 4/30/2014. (lak) |
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Filing 17
ORDER granting in part and denying in part #10 Motion for Default Judgment by plaintiff United States of America. The motion is granted as to those items set out in Attachment B to plaintiff's proposed findings of facts and conclusions of law, except Farm Equipment Item No. 32 and Items or Class of Livestock Nos. 1-4. The motion is denied with respect to plaintiff's request for damages. Plaintiff may file and serve supplemental materials demonstrating the amount of damages and defendants' ownership interest in the additional security items. Defendants may have seven days to file any objections. Signed by District Judge William M. Conley on 4/10/2014. (arw)
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| Filing 16 Minute Entry for proceedings held before District Judge William M. Conley: Default Hearing held on 4/9/2014: Motion for Default Judgment GRANTED. Plaintiff to file affidavit regarding tractor, livestock and damages. Written objection, if any, due within 7 days of the date of filing. [:10] (Court Reporter LS) (arw) |
| Filing 15 Proposed Findings of Fact and Conclusions of Law by Plaintiff United States of America re: #10 Motion for Default Judgment filed by United States of America (Attachments: #1 Exhibit A - Amount Due and Owing, #2 Exhibit B - List of Items of Security) (Oswald, Barbara) Modified on 4/8/2014. (lak) |
| Filing 14 Proposed Judgment by Plaintiff United States of America. (Attachments: #1 Exhibit A - Amount Due and Owing , #2 Exhibit B - List of Items of Security) (Oswald, Barbara) Modified on 4/8/2014. (lak) |
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Filing 13
** TEXT ONLY ORDER **The court is in receipt of plaintiff the United States of America's motion #12 to adjourn the hearing scheduled for tomorrow, March 26, 2014 to April 9, 2014 in order to provide the parties an opportunity to explore settlement. The court will grant plaintiff's motion. The default hearing is rescheduled for April 9, 2014 at 9:00 AM. Signed by District Judge William M. Conley on 3/25/2014. (arw)
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| Filing 12 Motion to Adjourn Hearing until April 9, 2014 re: #10 Motion for Default Judgment as to All Defendants, filed by Plaintiff United States of America. (Oswald, Barbara) |
| Filing 11 Declaration of Barbara L. Oswald filed by Plaintiff United States of America In Support of Application for Judgment of Default re: #10 Motion for Default Judgment (Attachments: #1 Certificate of Service) (Oswald, Barbara) |
| Filing 10 Motion for Default Judgment as to All Defendants by United States of America. (Oswald, Barbara) Modified on 3/10/2014. (lak) |
| Reset Deadlines and Hearings: Default Hearing reset from 3/19/2014 to 3/26/2014 at 8:30 AM to accommodate the court's calendar. (arw/mfh) |
| Filing 9 Clerk's Entry of Default as to Defendants Darren D. Mellum, David W. Mellum, Barbara E. Mellum and Caterpillar Financial Services, Corp. (arw) |
| Set Deadlines and Hearings: Default Hearing set for 3/19/2014 at 8:30 AM before District Judge Wiliam M. Conley. (arw) |
| Filing 8 Declaration of Barbara L. Oswald, AUSA filed by Plaintiff United States of America re: #7 Motion for Entry of Default. (Oswald, Barbara) Modified on 2/11/2014. (lak) |
| Filing 7 Motion for Entry of Default as to All Defendants by Plaintiff United States of America. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Entry of Default, #2 Certificate of Service) (Oswald, Barbara) Modified on 2/11/2014. (lak) |
| Filing 6 Waiver of Service Returned Executed by Defendant Barbara E. Mellum. Barbara E. Mellum waiver sent on 8/2/2013, answer due 10/1/2013. (Oswald, Barbara) |
| Filing 5 Summons Returned Executed as to Caterpillar Financial Services, Corp. Defendant served on 10/18/2013, answer due 11/8/2013. (arw) |
| Filing 4 Summons Issued as to Barbara E. Mellum, Caterpillar Financial Services, Corp. (Attachments: #1 Summons - Caterpillar Financial Services, Corp.) (arw) |
| Filing 3 Waiver of Service Returned Executed by Defendant David W. Mellum. David W. Mellum waiver sent on 8/2/2013, answer due 10/1/2013. (Oswald, Barbara) |
| Filing 2 Waiver of Service Returned Executed by Defendant Darren D. Mellum. Darren D. Mellum waiver sent on 8/2/2013, answer due 10/1/2013. (Oswald, Barbara) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (arw) |
| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement, #Notice to Creditors. (arw) |
| Filing 1 COMPLAINT against Darren D. Mellum, David W. Mellum, Barbara E. Mellum and Caterpillar Financial Services, Corp. by the United States of America. Service to be completed by Waiver of Service of Summons. (Attachments: #1 Exhibit A - Promissory Note 5/27/2008, #2 Exhibit B - Promissory Note 5/27/2008, #3 Exhibit C - Promissory Note 10/27/2009, #4 Exhibit D - Security Agreement, #5 Exhibit E - UCC Financing Statement, #6 Exhibit F - Notice of Acceleration, #7 JS-44 Civil Cover Sheet) (Oswald, Barbara) Modified docket text on 8/1/2013. (mmo) |
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