Rabo AgriFinance LLC v. de Jong et al
| Rabo AgriFinance LLC |
| Arie Helmut de Jong, Nina de Jong, Arie H De Jong Family Trust UAD, Milky Way Dairy LLC, Fronteras Nuevas Incorporated and Milky Way Farms LLC |
| Brighthouse Life Insurance Company |
| 2:2023cv00330 |
| February 22, 2023 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Contract: Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Negotiable Instrument |
| None |
Docket Report
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This docket was last retrieved on April 6, 2023. A more recent docket listing may be available from PACER.
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Filing 56
ORDER: IT IS ORDERED that the parties' Stipulation, as set forth in the Joint Notice (Doc. #55 ), is granted. IT IS FURTHER ORDERED that Plaintiff's Application for Appointment of Receiver and Injunctive Relief (Doc. #2 ) and Defendants' Motion to Summarily Enforce Settlement Agreement and Application for Preliminary Injunction (Doc. #39 ) are denied as moot. IT IS FURTHER ORDERED that the Receivership and Preliminary Injunction Hearing set for April 7, 2023 at 9:00 a.m. is vacated. Signed by Judge Steven P Logan on 4/5/23. (MJW)
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| Filing 55 NOTICE re: Joint Notice Regarding Status of Matters Set for Hearing on April 7, 2023 by Rabo AgriFinance LLC re: #54 Order, . (Attachments: #1 Exhibit Exhibit A)(Hirsch, Kyle) |
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Filing 54
ORDER that no later than today, April 5, 2023 at 5:00 p.m., the parties shall file a Joint Notice-no more than three pages-articulating the current posture of the issues to be heard during the April 7 Hearing and any concerns it raises about the Hearing. FURTHER ORDERED that the parties' request for a telephonic status hearing is denied. Signed by Judge Steven P Logan on 4/5/2023. (KFZ)
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| Filing 53 SUPPLEMENT Fronteras Nuevas, LLC's Response to Order to Show Cause and Supplemental Brief Re: Whether Grounds Exist for Appointment of Receiver re: #42 Order, by Defendant Fronteras Nuevas Incorporated. (Haddock, Rand) |
| Filing 52 *NOTICE of Errata re: #51 Reply to Response to Motion by Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong. (Pack, Bradley) *Modified to correct event and text on 4/5/2023 (REK). |
| Filing 51 REPLY to Response to Motion re: #39 MOTION to Enforce Settlement Agreement and Application for Preliminary Injunction; and Alternative Motion To Continue Receivership Hearing and Extend Deadline to file Answer and Objection MOTION for Preliminary Injunction filed by Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong. (Attachments: #1 Exhibit A)(Pack, Bradley) |
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Filing 50
ORDER: IT IS ORDERED that no later than April 5, 2023 at 10:00 a.m., Defendant Fronteras Nuevas Incorporated must (1) show cause in writing why it failed to comply with the Court's March 29, 2023 Order (Doc. #42 ) and (2) file the one-page supplemental briefing required by that Order. Signed by Judge Steven P Logan on 4/4/23. (MJW)
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| Filing 49 SUPPLEMENT Borrowers Supplemental Brief Re: Propriety of Appointment of a Receiver; Borrowers Objections to Plaintiff's Proposed Form of Order re: #42 Order, by Defendants Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong. (Attachments: #1 Exhibit A)(Pack, Bradley) |
| Filing 48 SUPPLEMENT Brighthouse Supplemental Briefing re April 7Hearing re: #42 Order, by Intervenor Brighthouse Life Insurance Company. (Attachments: #1 Exhibit Exhibits 1-2 to Brighthouse Supplemental Briefing re April 7 Hearing)(Cartwright, Grant) |
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Filing 47
ORDER granting in part and denying in part #44 Motion to Authorize Remote Appearances or Observation. Plaintiff's request for observers to listen only to the Hearing telephonically is granted. Counsel for the parties shall together email Logan_Chambers@azd.uscourts.gov by April 5, 2023 at 5:00 p.m. to obtain the call-in information. Plaintiff's request for witnesses to be permitted to participate or testify telephonically is denied. Signed by Judge Steven P Logan on 4/3/23. (MJW)
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| Filing 46 SUPPLEMENT Plaintiff's Court-Ordered Supplemental Briefing Regarding Hearing on Application for Appointment of Receiver re: #2 MOTION to Appoint Receiver MOTION for Preliminary Injunction, #42 Order, by Plaintiff Rabo AgriFinance LLC. (Hirsch, Kyle) |
| Filing 45 RESPONSE in Opposition re: #39 MOTION to Enforce Settlement Agreement and Application for Preliminary Injunction; and Alternative Motion To Continue Receivership Hearing and Extend Deadline to file Answer and Objection MOTION for Preliminary Injunction filed by Rabo AgriFinance LLC. (Attachments: #1 Affidavit Supplemental Declaration of Michael Hayes)(Hirsch, Kyle) |
| Filing 44 EX PARTE MOTION for Leave to Appear Remotely or Observation at Hearing Regarding Application for Appointment of Receiver by Rabo AgriFinance LLC. (Attachments: #1 Proposed Order)(Hirsch, Kyle) |
| Filing 43 NOTICE re: of Filing Refinancing Loan Commitment Letter by Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong . (Attachments: #1 Exhibit A)(Pack, Bradley) |
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Filing 42
ORDER: IT IS ORDERED that the Court will hear argument on both Plaintiff's Application for Appointment of Receiver and Injunctive Relief (Doc. #2 ) and Borrower Defendants' Motion to Summarily Enforce Settlement Agreement and Application for Preliminary Injunction (Doc. #39 ) at the Hearing set for April 7, 2023 at 9:00 a.m. See attached document for additional information. Signed by Judge Steven P Logan on 3/29/23. (MJW)
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| Filing 41 Additional Attachments (Proposed Order) to Main Document re: #39 MOTION to Enforce Settlement Agreement and Application for Preliminary Injunction; and Alternative Motion To Continue Receivership Hearing and Extend Deadline to file Answer and Objection by Defendants Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong. (Attachments: #1 Proposed Order)(Pack, Bradley) Modified text on 3/29/2023 (WLP). |
| Filing 40 DECLARATIONS of Arie De Jong and Shaleen Behl in Support Of Borrowers Motion to Enforce by Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong re: #39 MOTION to Enforce Settlement Agreement and Application for Preliminary Injunction; and Alternative Motion To Continue Receivership Hearing and Extend Deadline to file Answer and Objection . (Attachments: #1 Exhibit A - Declaration of Arie H. de Jong, #2 Exhibit B - Declarations of Shaleen Behl)(Pack, Bradley) Modified text on 3/29/2023 (WLP). |
| Filing 39 MOTION to Enforce Settlement Agreement and MOTION for Preliminary Injunction; and Alternative Motion To Continue Receivership Hearing and Extend Deadline to file Answer and Objection by Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pack, Bradley). Added MOTION for Preliminary Injunction on 3/29/2023 (WLP). |
| Filing 38 STATEMENT of Joint Prehearing Statement on Plaintiff's Application for Appointment of Receiver and Injunctive Relief re: #23 Order,, Set Deadlines, by Plaintiff Rabo AgriFinance LLC. (Hirsch, Kyle) |
| Filing 37 NOTICE re: Plaintiff's Notice of Service of Court's Order by Rabo AgriFinance LLC re: #23 Order. (Hirsch, Kyle) |
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Filing 36
ORDER granting Intervenor Brighthouse Life Insurance Company's Motion for Continuance of Hearing (Doc. #26 ). The Receivership and Preliminary Injunction Hearing presently set for April 5, 2023, at 9:00 a.m. is vacated and reset for April 7, 2023 at 9:00 a.m. before the Honorable Judge Steven P. Logan, United States District Judge, in the Sandra Day OConnor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 501. IT IS FURTHER ORDERED that any objection or motion for injunctive relief to be considered at the April 7, 2023 Hearing must be filed no later than March 27, 2023 at 5:00 p.m. Any responses shall be due no later than March 31, 2023 at 5:00 p.m. Any replies shall be due no later than April 4, 2023 at 10:00 a.m. Signed by Judge Steven P Logan on 3/24/23. (MJW)
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Filing 35
ORDER: IT IS ORDERED that the Court's March 23, 2023 instruction to file a pleading (Doc. #28 ) is satisfied. Signed by Judge Steven P Logan on 3/24/23. (MJW)
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| Filing 34 Corporate Disclosure Statement by Fronteras Nuevas Incorporated. (Haddock, Rand) |
| Filing 33 NOTICE of Appearance by Rand Haddock on behalf of Fronteras Nuevas Incorporated. (Haddock, Rand) |
| Filing 32 Corporate Disclosure Statement by Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong. (Pack, Bradley) |
| Filing 31 RESPONSE to Motion re: #26 First MOTION to Continue Hearing on Plaintiff's Application for Appointment of Receiver and Injunctive Relief filed by Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong. (Pack, Bradley) |
| Filing 30 NOTICE of Appearance by Bradley David Pack on behalf of Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Milky Way Farms LLC, Arie Helmut de Jong, Nina de Jong. (Pack, Bradley) |
| Filing 29 RESPONSE in Opposition re: #26 First MOTION to Continue Hearing on Plaintiff's Application for Appointment of Receiver and Injunctive Relief filed by Rabo AgriFinance LLC. (Hirsch, Kyle) |
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Filing 28
ORDER: Brighthouse Life Insurance Company's Motion to Intervene #19 is granted. IT IS FURTHER ORDERED that Brighthouse shall file a pleading setting out its claims or defenses no later than March 31, 2023. Signed by Judge Steven P Logan on 3/22/2023. (REK)
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| Filing 27 NOTICE re: of Expedited Consideration of Motion for Continuance of Hearing on Application for Appointment of Receiver and Injunctive Relief by Brighthouse Life Insurance Company re: #26 First MOTION to Continue Hearing on Plaintiff's Application for Appointment of Receiver and Injunctive Relief . (Cartwright, Grant) |
| Filing 26 First MOTION to Continue Hearing on Plaintiff's Application for Appointment of Receiver and Injunctive Relief by Brighthouse Life Insurance Company. (Attachments: #1 Proposed Order)(Cartwright, Grant) |
| Filing 25 REPLY to Response to Motion re: #2 MOTION to Appoint Receiver MOTION for Preliminary Injunction filed by Rabo AgriFinance LLC. (Hirsch, Kyle) |
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Filing 24
ORDER that the Motion to Extend (Doc. #22 ) is granted. Plaintiff shall have until March 16, 2023, to file a Reply to its Application for Appointment of Receiver and Injunctive Relief. Signed by Judge Steven P Logan on 3/16/2023. (WLP)
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Filing 23
ORDER - A hearing on Plaintiff's Application for Appointment of Receiver and Injunctive Relief is currently set for April 5, 2023 at 9:00 a.m. IT IS ORDERED that the parties, to include Proposed Intervenor Brighthouse Life Insurance Company, shall jointly prepare and file a joint pre-hearing statement by March 24, 2023. See document for complete details. Signed by Judge Steven P Logan on 3/16/2023. (WLP)
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| Filing 22 First MOTION for Extension of Time to File Response/Reply as to #20 Objection, #2 MOTION to Appoint Receiver MOTION for Preliminary Injunction by Rabo AgriFinance LLC. (Attachments: #1 Proposed Order)(Hirsch, Kyle) |
| Filing 21 *WITHDRAWAL OF DOCUMENT re: #17 NOTICE (OTHER) Lodged Stipulated Receivership Order by Plaintiff Rabo AgriFinance LLC. (Hirsch, Kyle) *Modified to correct event and text on 3/16/2023 (REK). |
| Remark: Pro hac vice motion(s) granted for Glenn E Siegel, Jason R Alderson on behalf of Movant Brighthouse Life Insurance Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 20 *RESPONSE in Opposition re: #2 MOTION to Appoint Receiver MOTION for Preliminary Injunction by Movant Brighthouse Life Insurance Company. (Attachments: #1 Exhibit Exs A-B to Objection to Receivership Application, #2 Exhibit Exs C-D to Objection to Receivership Application, #3 Exhibit Exs E-G to Objection to Receivership Application)(Cartwright, Grant) *Modified to correct event and text on 3/9/2023 (REK). |
| Filing 19 MOTION to Intervene by Brighthouse Life Insurance Company. (Attachments: #1 Exhibit Exhibit A to Motion to Intervene, #2 Exhibit Exhibit B to Motion to Intervene, #3 Exhibit Exhibits C-D to Motion to Intervene, #4 Exhibit Exhibits E-F to Motion to Intervene, #5 Proposed Order Proposed Order on Motion to Intervene)(Cartwright, Grant) |
| Filing 18 *NOTICE of Appearance by Grant Carwright, Andrew Harnisch, Eric Moats on behalf of Brighthouse Life Insurance Company. (Cartwright, Grant) *Modified to correct event and text on 3/9/2023 (REK). |
| Filing 17 *WITHDRAWN by #21 *NOTICE re: Agreement and Lodging of Stipulated Receivership Order by Rabo AgriFinance LLC re: #2 MOTION to Appoint Receiver MOTION for Preliminary Injunction . (Attachments: #1 Exhibit Exhibit A)(Hirsch, Kyle) Modified on 3/16/2023 (REK). |
| Filing 16 *SERVICE EXECUTED filed by Rabo AgriFinance LLC: Rule 4 Waiver of Service of Summons. Waiver sent on 3/01/2023 to Arie Helmut de Jong, Nina de Jong, Arie H De Jong Family Trust UAD 12/22/2003, Milky Way Dairy LLC, Fronteras Nuevas Incorporated, and Milky Way Farms LLC. (Hirsch, Kyle) *Modified to correct event and text on 3/3/2023 (REK). |
| Filing 15 Summons Issued as to Arie Helmut de Jong, Nina de Jong. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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Filing 14
ORDER granting #9 Ex Parte Motion for Expedited Hearing. IT IS FURTHER ORDERED that, no later than March 3, 2023, Plaintiff must provide Defendants with a copy of the following: (1) the Complaint; (2) the Application for Appointment of Receiver and Injunctive Relief; and (3) this Order. Plaintiff shall further file with the Court a notice indicating when and how notice was provided. IT IS FURTHER ORDERED that Defendants have until March 17, 2023, to respond to the Application for Appointment of Receiver and Injunctive Relief (Doc. #2 ). IT IS FURTHER ORDERED that Plaintiff shall have until March 24, 2023, to file a reply in support of its Application for Appointment of Receiver and Injunctive Relief (Doc. #2 ). IT IS FURTHER ORDERED that the Court will hold a hearing on the Application for Appointment of Receiver and Injunctive Relief (Doc. #2 ) on April 5, 2023 at 9:00 a.m. before the Honorable Judge Steven P. Logan, United States District Judge, in the Sandra Day OConnor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 501. IT IS FURTHER ORDERED that the parties shall file a Joint Notice by March 10, 2023, indicating whether the motion may be decided on the briefing and argument of counsel alone.. Signed by Judge Steven P Logan on 2/24/23. (MJW)
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Filing 13
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service with the Clerk of Court no later than May 23, 2023. See attached Order for complete details. Signed by Judge Steven P Logan on 2/24/23. (MJW)
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| Filing 11 SUMMONS Submitted by Rabo AgriFinance LLC. (Hirsch, Kyle) |
| Filing 10 SUMMONS Submitted by Rabo AgriFinance LLC. (Hirsch, Kyle) |
| Filing 9 *EX PARTE MOTION for Expedited Hearing on Motion re: #2 MOTION to Appoint Receiver Motion for Preliminary Injunction by Rabo AgriFinance LLC. (Attachments: #1 Proposed Order)(Hirsch, Kyle) *Modified to correct motion type and text on 2/24/2023 (REK). |
| Filing 8 NOTICE TO FILER OF DEFICIENCY re: #4 Summons Submitted filed by Rabo AgriFinance LLC. UNABLE to issue summons that list multiple defendants on one summons. Only one defendant should be listed on each summons. FOLLOW-UP ACTION REQUIRED: Please refile corrected summons. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) |
| Filing 7 Summons Issued as to Arie H De Jong Family Trust UAD 12/22/2003, Fronteras Nuevas Incorporated, Milky Way Dairy LLC, Milky Way Farms LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 6 Filing fee paid, receipt number AAZDC-21626212. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-23-0330-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 5 Corporate Disclosure Statement by Rabo AgriFinance LLC identifying Other Affiliate Utrecht America Holdings Incorporated for Rabo AgriFinance LLC. (Hirsch, Kyle) (MCO) |
| Filing 4 SUMMONS Submitted by Rabo AgriFinance LLC. (Hirsch, Kyle) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(MCO) |
| Filing 3 AFFIDAVIT in Support re: #2 MOTION to Appoint Receiver MOTION for Preliminary Injunction filed by Rabo AgriFinance LLC. (Hirsch, Kyle) (Attachments: #1 Affidavit DECLARATION OF MATTHEW D. MASON IN SUPPORT OF APPLICATION FOR ORDER APPROVING STIPULATION FOR APPOINTMENT OF RECEIVER, #2 Affidavit DECLARATION OF MICHAEL HAYES IN SUPPORT OF APPLICATION FOR ORDER APPROVING APPOINTMENT OF RECEIVER, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(MCO) |
| Filing 2 APPLICATION FOR APPOINTMENT OF RECEIVER AND INJUNCTIVE RELIEF (Oral Argument Requested) by Rabo AgriFinance LLC. (Hirsch, Kyle) (Attachments: #1 Proposed Order)(MCO) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21626212 filed by Rabo AgriFinance LLC. (Hirsch, Kyle) (Attachments: #1 Civil Cover Sheet)(MCO) |
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