BMO HARRIS BANK, N.A. v. GIBSON GRAIN & SUPPLY, LLC et al
| BMO HARRIS BANK, N.A. |
| GIBSON GRAIN & SUPPLY, LLC and KARV FAMILY LIMITED PARTNERSHIP |
| LOGANSPORT SAVINGS BANK, BARRON BUSINESS CONSULTING and BOSWELL LIVESTOCK COMMISSION COMPANY, INC |
| DEERE CREDIT INC., DEERE & COMPANY, CHN CAPITAL AMERICA, LLC and CATERPILLAR FINANCIAL SERVICES CORPORATION |
| BOSWELL LIVESTOCK COMMISSION COMPANY INC. and GIBSON FAMILY FARM STORE, LLC |
| DEMOTTE STATE BANK |
| MATT GIBSON |
| 1:2015cv01319 |
| August 20, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J Dinsmore |
| Larry J McKinney |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 29, 2016. A more recent docket listing may be available from PACER.
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Filing 212
ORDER re #210 MOTION to Withdraw Attorney Appearance filed by LOGANSPORT SAVINGS BANK. Signed by Judge Larry J. McKinney on 12/29/2016.(LDH)
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| Filing 211 CLOSED DISMISSED - The Receivership is, terminated, the Receiver is discharged and released from any further obligation, and this cause is dismissed as follows: a) without prejudice, costs paid, as between the Gibson Entities and Caterpillar; b) with prejudice, costs paid, as between all other parties, including as between the Gibson Entities and all other parties, and as between Caterpillar and all other parties. Signed by Judge Larry J. McKinney on 12/22/2016. (LDH) |
| Filing 210 MOTION to Withdraw Attorney Appearance , filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Text of Proposed Order)(Hokanson, Jeffrey) |
| Filing 209 STIPULATION of Dismissal and Termination of Receivership, filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Text of Proposed Order)(Hokanson, Jeffrey) |
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Filing 208
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 11/10/2016. The parties reported that a settlement had been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within forty (40) days of the date of this entry, counsel for the parties shall file appropriate documents to dismiss or otherwise resolve this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 206
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/21/2016. The parties discussed the status of the resolution of the matter. The Court advised that it would retain the pending motion to enlarge pleading and discovery response deadlines [Dkt. #202 ] under advisement, and that nothing addressed by that motion will be due until there is a ruling on that motion. The parties were also instructed to contact the Court in the event all parties agree to a final resolution of the matter. The Telephonic Status Conference previously scheduled for November 10, 2016 at 10:30 a.m. (Eastern) [Dkt. #193 ] remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 205
AMENDED SCHEDULING ORDER (TIME ONY): This matter is currently set for a telephonic status conference on Friday, October 21, 2016 at 9:30 a.m. to discuss Intervenor Logansport Savings Bank's Unopposed Motion to Extend All Pleadings and Discovery Response Deadlines. [Dkt. 202.] The Court now changes the time to 11:30 a.m. (Eastern) on that same date. All other requirements of the Court's order dated October 18, 2016 [Dkt. 203] remain in effect. The conference call- in information provided by the Court on October 19, 2016 [Dkt. 204] remains unchanged. Signed by Magistrate Judge Mark J. Dinsmore on 10/19/2016.(SWM)
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Filing 203
SCHEDULING ORDER: Status Conference set for 10/21/2016 09:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss Intervenor Logansport Savings Bank's Unopposed Motion to Extend All Pleadings and Discovery Response Deadlines. [Dkt. 202.] Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 10/18/2016.(SWM)
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| Filing 202 Unopposed MOTION to Extend all Pleading and Discovery Response Deadlines, filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Text of Proposed Order)(Szymialis, Jordan) |
| Filing 201 Corporate Disclosure Statement by BOSWELL LIVESTOCK COMMISSION COMPANY INC., BOSWELL LIVESTOCK COMMISSION COMPANY, INC. (Waller, John) |
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Filing 200
ORDER - DISMISSING DEERE & COMPANY AND DEERE CREDIT INC. Deere &Company and Deere Credit, Inc. are dismissed from this action. Signed by Judge Sarah Evans Barker on 10/4/2016.(CKM)
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| Filing 199 NOTICE to File Corporate Disclosure Statement to BOSWELL LIVESTOCK COMMISSION COMPANY, INC. (LAB) (GSO) |
| Filing 198 NOTICE of Reassignment of Case to Judge Larry J. McKinney. Judge Sarah Evans Barker no longer assigned to the case. Please include the new case number, 1:15-cv-1319-LJM-MJD, on all future filings in this matter. (JD) |
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Filing 197
ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Larry J. McKinney. Signed by Judge Richard L. Young on 10/3/2016. (JD)
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| Filing 196 NOTICE of Appearance by Kip S.M. McDonald on behalf of Cross Defendant BOSWELL LIVESTOCK COMMISSION COMPANY, INC, Intervenor BOSWELL LIVESTOCK COMMISSION COMPANY, INC, Counter Defendant BOSWELL LIVESTOCK COMMISSION COMPANY, INC. (McDonald, Kip) |
| Filing 195 MOTION to Dismiss Deere & Company and Deere Credit, Inc., filed by Intervenor Parties DEERE & COMPANY, DEERE CREDIT INC.. (Attachments: #1 Text of Proposed Order)(Lobring, Karen) |
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Filing 194
ORDER granting the Receiver's #192 Motion for Extension of Time: The Receiver shall have an extension of time to and including October 6, 2016, to serve a response to Boswell Livestock Commission Company, Inc.'s (1) Answer to BMO Harris Bank N.A.'s Crossclaim; (2) Crossclaim against Gibson Grain & Supply, LLC; and (3) Third-Party Complaint Against Matt Gibson. Signed by Magistrate Judge Mark J. Dinsmore on 9/27/2016. (SWM)
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Filing 193
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/26/2016. The parties discussed the status of and future plans for discovery. Third Party Defendant Matt Gibson shall file his preliminary witness and exhibit lists on or before October 26, 2016. Telephonic Status Conference set for 11/10/2016 at 10:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 192 Unopposed MOTION for Extension of Time to October 6, 2016 to Respond to Crossclaim of Boswell Livestock Commission Company, Inc., filed by Cross Defendant BARRON BUSINESS CONSULTING, Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Text of Proposed Order)(Brewer, Wendy) |
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Filing 191
SCHEDULING ORDER: Bench Trial set for 3/26/2018 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Final Pretrial Conference set for 3/13/2018 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker.(CKM)
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| Filing 189 Amended COUNTERCLAIM and Crossclaim for Declaratory Judgment, Turnover, Accounting, and Damages against BMO HARRIS BANK, N.A., filed by LOGANSPORT SAVINGS BANK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hokanson, Jeffrey) |
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Filing 188
ORDER granting Logansport Savings Bank's #173 Motion to Amend Counterclaim and Crossclaim and Case Caption. Logansport Savings Bank is granted leave to file its Amended Counterclaim and Crossclaim for Declaratory Judgment, Turnover, Accounting, and Damages within seven days of the date of this order, and the case caption is hereby amended to reflect the correct name of Logansport Savings Bank. Signed by Magistrate Judge Mark J. Dinsmore on 9/9/2016. (SWM)
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| Filing 187 Exhibit List (Preliminary), filed by Cross Defendant BMO HARRIS BANK, N.A., Plaintiff BMO HARRIS BANK, N.A., Counter Defendants BMO HARRIS BANK, N.A., BMO HARRIS BANK, N.A., Witness List (Preliminary), filed by Cross Defendant BMO HARRIS BANK, N.A., Plaintiff BMO HARRIS BANK, N.A., Counter Defendants BMO HARRIS BANK, N.A., BMO HARRIS BANK, N.A.. (West, Erin) |
| Filing 186 Exhibit List (Preliminary), filed by Cross Defendant BARRON BUSINESS CONSULTING, Counter Claimant BARRON BUSINESS CONSULTING, Counter Defendant BARRON BUSINESS CONSULTING, Witness List (Preliminary), filed by Cross Defendant BARRON BUSINESS CONSULTING, Counter Claimant BARRON BUSINESS CONSULTING, Counter Defendant BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
| Filing 185 Exhibit List (Preliminary), filed by Intervenor LOGANSPORT SAVINGS BANK, Counter Claimant LOGANSPORT SAVINGS BANK, Cross Claimant LOGANSPORT SAVINGS BANK, Witness List (Preliminary), filed by Intervenor LOGANSPORT SAVINGS BANK, Counter Claimant LOGANSPORT SAVINGS BANK, Cross Claimant LOGANSPORT SAVINGS BANK. (Hokanson, Jeffrey) |
| Filing 184 Exhibit List (Preliminary), filed by Third Party Plaintiff BOSWELL LIVESTOCK COMMISSION COMPANY INC., Cross Defendant BOSWELL LIVESTOCK COMMISSION COMPANY, INC, Intervenor BOSWELL LIVESTOCK COMMISSION COMPANY, INC, Counter Defendant BOSWELL LIVESTOCK COMMISSION COMPANY, INC, Witness List (Preliminary), filed by Third Party Plaintiff BOSWELL LIVESTOCK COMMISSION COMPANY INC., Cross Defendant BOSWELL LIVESTOCK COMMISSION COMPANY, INC, Intervenor BOSWELL LIVESTOCK COMMISSION COMPANY, INC, Counter Defendant BOSWELL LIVESTOCK COMMISSION COMPANY, INC. (Waller, John) |
| Filing 183 ANSWER to #171 Counterclaim and Crossclaims of Barron Business Consulting, Inc., filed by BMO HARRIS BANK, N.A..(West, Erin) |
| Filing 182 NOTICE of Automatic Initial Extension of Time to Respond to Receiver's Counter-Claim and Cross-Claims, filed by Intervenor Parties BOSWELL LIVESTOCK COMMISSION COMPANY, INC, LOGANSPORT SAVINGS BANK (Hokanson, Jeffrey) |
| Filing 181 NOTICE of Extension of Time to 10/06/2016 to Respond to Third-Party Complaint, filed by Third Party Defendant MATT GIBSON. (Baker, Christopher) Modified docket text to NOTICE on 9/9/2016 (GD). |
| Filing 180 NOTICE of Appearance by Christopher E. Baker on behalf of Third Party Defendant MATT GIBSON. (Baker, Christopher) |
| Filing 179 NOTICE of Appearance by Jeffrey Michael Hester on behalf of Third Party Defendant MATT GIBSON. (Hester, Jeffrey) |
| Filing 178 NOTICE of Change of Attorney Information (Firm Name)filed by Third Party Plaintiff GIBSON FAMILY FARM STORE, LLC, Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP (Hester, Jeffrey) Modified on 8/31/2016 (CKM). |
| Filing 177 AFFIDAVIT of Service for Summons and Third-Party Complaint served on Matt Gibson on 08/18/2016, filed by BOSWELL LIVESTOCK COMMISSION COMPANY INC.. (Attachments: #1 Exhibit A - Gibson Family Store Website, #2 Exhibit B - Summons with Certified Mail Receipt)(Waller, John) |
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Filing 176
ORDER granting #174 Motion to Withdraw Attorney Appearance. Attorney Jordan Keith Baker withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 8/26/2016. (SWM)
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| Filing 175 CERTIFICATE OF SERVICE by LOGANSPORT SAVINGS BANK re #173 MOTION to Amend/Correct Counterclaim and Crossclaim for Declaratory Judgment, Turnover, Accounting, and Damages Amended (Szymialis, Jordan) |
| Filing 174 MOTION to Withdraw Attorney Appearance , filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Text of Proposed Order)(Szymialis, Jordan) |
| Filing 173 MOTION to Amend/Correct Counterclaim and Crossclaim for Declaratory Judgment, Turnover, Accounting, and Damages, filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Exhibit A to Motion to Amend, #2 Exhibit A to Amended Counterclaim, #3 Exhibit B to Amended Counterclaim, #4 Exhibit C to Amended Counterclaim, #5 Exhibit D to Amended Counterclaim, #6 Proposed Order)(Hokanson, Jeffrey) |
| Filing 172 Receiver's ANSWER to #137 Answer to ComplaintCrossclaimCounterclaim of Logansport Savings Bank, filed by BARRON BUSINESS CONSULTING.(Brewer, Wendy) |
| Filing 171 COUNTERCLAIM and Cross-Claim of Receiver against BMO HARRIS BANK, N.A., BOSWELL LIVESTOCK COMMISSION COMPANY, INC, LOGANSPORT SAVINGS BANK, LOGANSPORT SAVINGS BANK, filed by BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Boswell Note, #2 Exhibit B - Boswell Security Agreement, #3 Exhibit C - BMO UCC-1, #4 Exhibit D - Gibson Hiners Invoice, #5 Exhibit E - Boswell Hiners Invoice, #6 Exhibit F - MOU, #7 Exhibit G - Addendum, #8 Exhibit H - 6-19-15 Boswell Letter, #9 Exhibit I - Sellers Bills, #10 Exhibit J - Unpaid Cattle Expenses)(Brewer, Wendy) |
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Filing 170
ORDER granting #166 Motion for Extension of Time to 8/17/2016 to serve its response and cross and/or counter-claims to Logansport Savings Bank, FSB's Counterclaim and Cross claim. Signed by Magistrate Judge Mark J. Dinsmore on 8/15/2016. (CBU)
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| Filing 169 Summons Issued as to MATT GIBSON. (CKM) |
| Filing 168 ANSWER to BMO Harris Bank N.A.'s Crossclaim; Crossclaim Against Gibson Grain & Supply, LLC; and Third-Party Complaint Against Matt Gibson, filed by Intervenor BOSWELL LIVESTOCK COMMISSION COMPANY, INC. (Attachments: #1 Exhibit A - D, #2 Proposed Summons to Matt Gibson)(Waller, John) |
| Filing 167 ANSWER and Affirmative Defenses to BMO Harris Bank N.A.'s Crossclaim for Declaratory Judgment, filed by Intervenor LOGANSPORT SAVINGS BANK. (Hokanson, Jeffrey) |
| Filing 166 Second MOTION for Extension of Time to August 17, 2016 in which to #137 Answer to ComplaintCrossclaimCounterclaim , filed by Cross Defendant BARRON BUSINESS CONSULTING, Counter Defendant BARRON BUSINESS CONSULTING, Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Text of Proposed Order)(Brewer, Wendy) |
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Filing 165
ORDER granting #163 and #164 Motion(s) to Withdraw Attorney Appearance. Attorney Bradley J. Buchheit withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 8/1/2016. (SWM)
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| Filing 164 MOTION to Withdraw Attorney Appearance , filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Attachments: #1 Text of Proposed Order)(Buchheit, Bradley) |
| Filing 163 MOTION to Withdraw Attorney Appearance , filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Buchheit, Bradley) |
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Filing 162
ORDER granting #157 Motion to Withdraw Attorney Appearance. Attorney Daniel L. Freeland withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 7/27/2016. (SWM)
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Filing 161
ORDER granting #156 Motion to Withdraw Attorney Appearance. Attorney Frederick Lee Carpenter, II withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 7/27/2016. (SWM)
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Filing 160
ORDER: CASE MANAGEMENT PLAN: Dispositive Motions due by 5/1/2017. Discovery due by 3/31/2017. Signed by Magistrate Judge Mark J. Dinsmore on 7/26/2016.(SWM)
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Filing 159
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 7/25/2016. Settlement was not achieved. At the conclusion of the settlement conference, the parties discussed a Case Management Order, which the Court will enter by separate order. The time for any party to respond to Logansport Savings Bank, FSB's Counterclaim and/or Crossclaim [Dkt. #137 ] and/or to BMO Harris Bank N.A.'s crossclaim [Dkt. #145 ] is further enlarged to and including August 12, 2016. The time for the Receiver to file any reply in support of its Motion for Approval of Payment of Expenses and Disbursement of Escrowed Funds [Dkt. #138 ] is also enlarged to and including August 12, 2016. Telephonic Status Conference set for 9/26/2016 at 10:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 158 EXHIBIT re #156 MOTION to Withdraw Attorney Appearance by DEMOTTE STATE BANK. (Carpenter, Frederick) |
| Filing 157 MOTION to Withdraw Attorney Appearance , filed by Creditor DEMOTTE STATE BANK. (Attachments: #1 Exhibit Email from DeMotte State Bank, #2 Text of Proposed Order )(Freeland, Daniel) Modified on 7/27/2016 (CKM). |
| Filing 156 MOTION to Withdraw Attorney Appearance , filed by Creditor DEMOTTE STATE BANK. (Attachments: #1 Text of Proposed Order )(Carpenter, Frederick) Modified on 7/27/2016 (CKM). |
| Filing 155 NOTICE of Substitution of Appearance by Jordan J. Szymialis replacing Jordan K. Baker on behalf of LOGANSPORT SAVINGS BANK (Szymialis, Jordan) |
| Filing 154 NOTICE of Appearance by Jordan J. Szymialis on behalf of Intervenor LOGANSPORT SAVINGS BANK. (Szymialis, Jordan) |
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Filing 153
ORDER granting in part and denying in part Defendants' #151 Motion to be excused from the settlement conference set for Monday, July 25, 2016 at 9:00 a.m. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 7/20/2016. (SWM)
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| Filing 152 Submission of Proposed Order granting, re #151 MOTION for leave to be excused from attending settlement conference, filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Hester, Jeffrey) |
| Filing 151 MOTION for leave to be excused from attending settlement conference, filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Hester, Jeffrey) |
| Filing 150 REPORT of Receiver for the Period of March 1 through June 30, 2016 by BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
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Filing 149
ORDER ON PENDING MOTIONS AND RESPONSIVE PLEADINGS: As discussed during the telephonic status conference with the parties held on June 23, 2016, and with the agreement of the parties, the Court hereby enlarges the deadlines in this matter to respond to any pending motions and responsive pleadings, including the Receiver's response to Logansport Savings Banks, FSB's Counterclaim and Crossclaim for Declaratory Judgment, Turnover, Accounting, and Damages [Dkt. 143], to and including August 5, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 7/5/2016.(SWM)
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Filing 148
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/23/2016. The parties discussed the upcoming settlement conference and reported their readiness. The conference was concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 146
ORDER granting Barron Business Consulting, Inc's #143 Motion for Extension of Time to File Response to Logansport Savings Banks, FSB's Counterclaim and Crossclaim for Declaratory Judgment, Turnover, Accounting, and Damages to 7/5/2016. Signed by Magistrate Judge Mark J. Dinsmore on 6/3/2016. (SWM)
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| Filing 145 ANSWER Affirmative Defenses and Crossclaim to Logansport Savings Bank, FSB's Counterclaim and Crossclaim for Declaratory Judgment, Accounting and Damages, filed by Cross Defendant BMO HARRIS BANK, N.A., Plaintiff BMO HARRIS BANK, N.A., Counter Defendant BMO HARRIS BANK, N.A.. (Attachments: #1 Exhibit A-UCC Financing Statement, #2 Exhibit B-Promissory Note, #3 Exhibit C-Hiners H3 Ranch Invoice, #4 Exhibit D-Hiners H3 Ranch Invoice, #5 Exhibit E-Memorandum of Understanding, #6 Exhibit F-Addendum to Memorandum of Understanding)(West, Erin) |
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Filing 144
ORDER denying w/o prejudice as premature Receiver's #37 Motion for Determination Regarding Ownership and for Authority to Pledge or Sell (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 6/1/2016. (SWM)
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| Filing 143 Unopposed MOTION for Extension of Time to July 5, 2016 to Respond to Counterclaim/Cross-Claim by Logansport Savings Bank, FSB (#137), filed by Cross Defendant BARRON BUSINESS CONSULTING, Counter Defendant BARRON BUSINESS CONSULTING, Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit Proposed Order)(Brewer, Wendy) |
| Filing 142 RESPONSE in Opposition re #138 MOTION for Approval of Payment of Expenses and Disbursement of Escrowed Funds , filed by Intervenor BOSWELL LIVESTOCK COMMISSION COMPANY, INC. (Attachments: #1 Exhibit A)(Waller, John) |
| Filing 141 RESPONSE in Opposition re #138 MOTION for Approval of Payment of Expenses and Disbursement of Escrowed Funds , filed by Intervenor LOGANSPORT SAVINGS BANK. (Hokanson, Jeffrey) |
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Filing 140
AMENDED SCHEDULING ORDER- TELEPHONIC Status Conference reset for 6/23/2016 at 3:30 PM (Eastern) before Magistrate Judge Mark J. Dinsmore. (NOTE TIME CHANGE ONLY). Signed by Magistrate Judge Mark J. Dinsmore on 5/31/2016.(CBU)
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Filing 139
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 5/11/2016. The parties discussed the status of the matter as well as the pending motions. Settlement Conference set for 7/25/2016 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Telephonic Status Conference set for 6/23/2016 at 10:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See order for additional deadlines and information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 138 MOTION for Approval of Payment of Expenses and Disbursement of Escrowed Funds, filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Missouri Payroll, #2 Exhibit B - Onatah Missouri Land Rent, #3 Exhibit C - Junction Feed & Fuel Invoice, #4 Exhibit D - Peterson Missouri Land Rent, #5 Exhibit E - Farmers Ag Feed Bill, #6 Exhibit F - Settles Labor Invoice)(Brewer, Wendy) |
| Filing 137 Logansport Savings Bank, FSB's ANSWER to #1 Complaint and Affirmative Defenses, CROSSCLAIM for Declaratory Judgment, Turnover, Accounting and Damages against BMO HARRIS BANK, N.A., BARRON BUSINESS CONSULTING, COUNTERCLAIM against BMO HARRIS BANK, N.A., BARRON BUSINESS CONSULTING, filed by LOGANSPORT SAVINGS BANK. (Attachments: #1 Exhibit A-Boswell Security Agreement, #2 Exhibit B-Financing Statement and Continuations, #3 Exhibit C-Promissory Note dated 12/10/2012, #4 Exhibit D-Email string)(Hokanson, Jeffrey) Modified on 5/12/2016 (CKM). |
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Filing 135
ORDER granting Parties' #131 Joint Motion to Abandon Equipment from the Receivership Estate (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 5/6/2016. (SWM)
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| Filing 134 SUBMISSION of Proposed Order Granting re [131[ Joint Motion to Abandon Equipment, filed by Intervenor CHN CAPITAL AMERICA, LLC. (Kammeyer, William) Modified on 5/6/2016 (CKM). |
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Filing 133
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: The parties appeared by telephone for a Status Conference held on 4/13/2016. The Court and parties discussed the status of the matter. Status Conference set for 5/11/2016 at 11:00 AM (Eastern) in Telephonic before Magistrate Judge Mark J. Dinsmore.) *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 132
SCHEDULING ORDER: This matter comes before the Court on Intervenor CNH Capital America, LLC and Defendant Gibson Family Farm Store, LLC's Joint Motion to Abandon Equipment from the Receivership Estate [Dkt. 131]. Any response to the Motion is due on or before April 21, 2016. Any reply in support of the Motion is due on or before April 25, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 4/13/2016.(SWM)
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| Filing 131 Joint MOTION Joint Motion to Abandon Equipment From The Receivership Estate, filed by Intervenor CHN CAPITAL AMERICA, LLC. (Attachments: #1 Exhibit Exhibit A, A-1 through A-8)(Kammeyer, William) |
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Filing 129
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 3/10/2016. Counsel for Demotte State Bank failed to appear. The parties discussed the status of the receivership and issues relating to the pending Motion for Determination Regarding Ownership and for Authority to Pledge or Sell [Dkt. 37]. Status Conference set for 4/13/2016 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
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| Filing 128 REPORT of Receiver for the Period of 2/1/16 through 2/29/16 by BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
| Filing 127 REPORT of Receiver for the Period of 1/1/16 through 1/31/16 by BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
| Filing 125 REPLY in Support of Motion re #37 MOTION for Determination Regarding Ownership and for Authority to Pledge or Sell , filed by Receiver BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
| Filing 124 RESPONSE in Opposition re #37 MOTION for Determination Regarding Ownership and for Authority to Pledge or Sell , filed by Intervenor LOGANSPORT SAVINGS BANK. (Hokanson, Jeffrey) |
| Filing 123 RESPONSE to Motion re #37 MOTION for Determination Regarding Ownership and for Authority to Pledge or Sell , filed by Plaintiff BMO HARRIS BANK, N.A.. (West, Erin) |
| Filing 122 RESPONSE in Opposition re #37 MOTION for Determination Regarding Ownership and for Authority to Pledge or Sell , filed by Intervenor BOSWELL LIVESTOCK COMMISSION COMPANY, INC. (Waller, John) |
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Filing 121
ORDER granting Parties' #120 Seventh Joint Motion to Modify Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell. Any responses to the Receiver's Motion to Determine Ownership and for Authority to Pledge or Sell [Dkt. 37] are to be filed on or before February 22, 2016, and any Reply in support of said Motion is to be filed on or before February 26, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 2/9/2016. (SWM) Modified on 2/10/2016 (SWM).
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| Filing 120 Seventh MOTION to Modify Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell, filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Exhibit Exhibit A)(Hokanson, Jeffrey) |
| Filing 119 REPORT of Receiver for the Period of 12/1/15 through 12/31/15 by BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Cash Receipts & Disbursements Summary)(Brewer, Wendy) |
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Filing 118
ORDER granting Parties' #117 Joint Motion to Modify Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell. Any responses to the Receiver's Motion to Determine Ownership and for Authority to Pledge or Sell [Dkt. 37] are to be filed on or before February 8, 2016, and any Reply in support of said Motion is to be filed on or before February 12, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 1/29/2016. (SWM)
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| Filing 117 Sixth MOTION to Modify Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell, filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Text of Proposed Order)(Hokanson, Jeffrey) |
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Filing 116
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court on 1/21/2016 for a continued hearing on the Receiver's Motions to Authorize Employment of Auctioneer [Dkt. 85], Authorize Auction of Equipment [Dkt. 86], Authorize Auction of Indiana Cattle [Dkt. 87] and Authorize Auction of Indiana Land [Dkt. 88]. The parties resolved all issues regarding the motions and submitted proposed orders granting the motions to the Court prior to the hearing. [Dkts. 108, 109, 110, 111.] During the hearing, the Court confirmed that no party had any objections to the Court's entry of the proposed orders. Having reviewed the motions and finding them to be meritorious, the Court indicated the motions would be granted by separate order. The hearing was concluded without further order. Status Conference set for 3/10/2016 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
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Filing 115
ORDER granting Receiver's #88 Motion to Authorize Auction of Indiana Land (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 1/21/2016. (SWM)
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Filing 114
ORDER granting Receiver's #87 Motion to Authorize Auction of Indiana Cattle (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 1/21/2016. (SWM)
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Filing 113
ORDER granting Receiver's #86 Motion to Authorize Auction of Equipment (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 1/21/2016. (SWM)
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Filing 112
ORDER granting Receiver's #85 Motion to Authorize Employment of Auctioneer (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 1/21/2016. (SWM)
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| Filing 111 Submission of Proposed Order , re #88 MOTION to Authorize Auction of Indiana Land, filed by Receiver BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
| Filing 110 Submission of Proposed Order , re #86 MOTION to Authorize Auction of Equipment (BMO Equipment Only), filed by Receiver BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
| Filing 109 Submission of Proposed Order , re #87 MOTION to Authorize Auction of Indiana Cattle, filed by Receiver BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
| Filing 108 Submission of Proposed Order , re #85 MOTION to Authorize Employment of Auctioneer, filed by Receiver BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
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Filing 106
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court on 1/20/2016 for a hearing on the Receiver's Motions to Authorize Employment of Auctioneer [Dkt. 85], Authorize Auction of Equipment [Dkt. 86], Authorize Auction of Indiana Cattle [Dkt. 87] and Authorize Auction of Indiana Land [Dkt. 88]. The parties report they are in the process of attempting to negotiate an agreed order that would resolve the remaining objections to the motions. The parties expect to have any agreement that is in place ready to submit to the Court by January 21, 2016. Accordingly, the hearing on the above noted motion was CONTINUED until 4:20 p.m. (Eastern) on Wednesday, January 21, 2016. Counsel shall attend the hearing by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The hearing was concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
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Filing 104
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: This matter came before the Court onn 1/14/2016 for a hearing on the Receiver's Motions to Authorize Employment of Auctioneer [Dkt. 85], Authorize Auction of Equipment [Dkt. 86], Authorize Auction of Indiana Cattle [Dkt. 87] and Authorize Auction of Indiana Land [Dkt. 88]. The parties report they are in the process of attempting to negotiate an agreed order that would resolve the remaining objections to the motions. The parties expect to have any agreement that is in place ready to submit to the Court by January 20, 2016. Accordingly, the hearing on the above noted motions was CONTINUED until 2:00 p.m. (Eastern) on Wednesday, January 20, 2016. Counsel shall attend the hearing by calling the designated Telephone number, to be provided by the Court via email generated by the Court's ECF system. The hearing was concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
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Filing 103
ORDER granting Parties' #97 Joint Motion to Modify: Any responses to the Receiver's Motion to Determine Ownership and for Authority to Pledge or Sell [Dkt. 37] are to be filed on or before January 25, 2016, and any Reply in support of said Motion is to be filed on or before January 29, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 1/13/2016. (SWM)
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| Filing 101 REPLY in Support of Motion re #86 MOTION to Authorize Auction of Equipment (BMO Equipment Only), #87 MOTION to Authorize Auction of Indiana Cattle, #85 MOTION to Authorize Employment of Auctioneer, #88 MOTION to Authorize Auction of Indiana Land , filed by Receiver BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
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Filing 100
SCHEDULING ORDER: This cause comes before the court on Barron Business Consulting's Motions to Authorize Employment Auctioneer [Dkt. 85], Authorize Auction of Equipment [Dkt. 86], Authorize Auction of Indiana Cattle [Dkt. 87] and Authorize Auction of Indiana Land [Dkt. 88]. This matter is set for a telephonic hearing on the above-noted motions on Thursday, January 14, 2016 at 1:00 p.m. (Eastern). Counsel shall attend the hearing by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 1/12/2016.(SWM)
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| Filing 99 NOTICE of Appearance by Daniel L. Freeland on behalf of Creditor DEMOTTE STATE BANK. (Attachments: #1 Envelope) (CKM) |
| Filing 97 Fifth MOTION to Modify Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell, filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Exhibit A)(Hokanson, Jeffrey) Modified on 1/12/2016 (CKM). |
| Filing 98 NOTICE to File Corporate Disclosure Statement to DEMOTTE STATE BANK. (LAB) (CKM) |
| Filing 96 REPLY in Support of Motion re #86 MOTION to Authorize Auction of Equipment (BMO Equipment Only), #87 MOTION to Authorize Auction of Indiana Cattle, #85 MOTION to Authorize Employment of Auctioneer, #88 MOTION to Authorize Auction of Indiana Land , filed by Plaintiff BMO HARRIS BANK, N.A.. (West, Erin) |
| Filing 95 RESPONSE to Motion re #88 MOTION to Authorize Auction of Indiana Land , filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Hester, Jeffrey) |
| Filing 94 RESPONSE to Motion re #87 MOTION to Authorize Auction of Indiana Cattle , filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Hester, Jeffrey) |
| Filing 93 RESPONSE to Motion re #86 MOTION to Authorize Auction of Equipment (BMO Equipment Only) , filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Hester, Jeffrey) |
| Filing 92 NOTICE of Filing Amended Exhibit A to Receiver's Motion to Authorize Auction of Indiana Land Docket No. #88 by BARRON BUSINESS CONSULTING (Attachments: #1 Exhibit Amended Exhibit A to Receiver's Motion to Authorize Sale of Land) (Brewer, Wendy) Modified on 1/11/2016 (CKM). |
| Filing 91 NOTICE of Appearance by Frederick Lee Carpenter, II on behalf of Creditor DeMotte State Bank. (Carpenter, Frederick) |
| Filing 90 NOTICE of CERTIFICATE OF SERVICE by BARRON BUSINESS CONSULTING re #89 Order re: Motions to Authorize Employment of Auctioneer, Authorize Auction of Equipment, Authorize Auction of Indiana Cattle and Authorize Auction of Indiana Land (Attachments: #1 Exhibit A)(Brewer, Wendy) Modified on 1/8/2016 (CKM). |
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Filing 89
SCHEDULING ORDER-Any responses to the mentioned motions are due on or before 1/8/2016. Any replies in support of the motions are due on or before 1/12/2016. Movant is also ordered to file proposed orders for each of the motions. Signed by Magistrate Judge Mark J. Dinsmore on 1/4/2016.(CBU)
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| Filing 88 MOTION to Authorize Auction of Indiana Land, filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Gibson Sale Land List, #2 Exhibit B - Auctioneer Agreement)(Brewer, Wendy) |
| Filing 87 MOTION to Authorize Auction of Indiana Cattle, filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Auctioneer Agreements)(Brewer, Wendy) |
| Filing 86 MOTION to Authorize Auction of Equipment (BMO Equipment Only), filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - BMO Sale Equipment List, #2 Exhibit B - Auctioneer Agreement)(Brewer, Wendy) |
| Filing 85 MOTION to Authorize Employment of Auctioneer, filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Auctioneer Agreements)(Brewer, Wendy) |
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Filing 84
ORDER granting #83 Motion to Withdraw Attorney Appearance. Attorney Courtney E. Chilcote withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 12/30/2015. (SWM)
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| Filing 83 MOTION to Withdraw Attorney Appearance , filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Attachments: #1 Text of Proposed Order)(Chilcote, Courtney) |
| Filing 82 REPORT of Receiver for the Period of 11/1/15 through 11/30/15 by BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Cash Receipts & Disbursements Summary)(Brewer, Wendy) |
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Filing 81
ORDER granting Parties' #80 Joint Motion to Modify Schedule: Any responses to the Receiver's Motion to Determine Ownership and for Authority to Pledge or Sell [Dkt. 37] are to be filed on or before January 11, 2016, and any Reply in support of said Motion is to be filed on or before January 15, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 12/14/2015. (SWM)
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| Filing 80 Joint MOTION to Modify Schedule Related to Receiver's Motionfor Determination of Ownership and for Authority to Pledge or Sell, filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Text of Proposed Order)(Baker, Jordan) |
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Filing 79
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/10/2015. The parties reported on the status of the matter and discussed scheduling a settlement conference. On or before 12:00 p.m. on December 11, 2015, counsel for each party is to email the Magistrate Judge at MJDinsmore@insd.uscourts.gov advising the Court of their client's position with respect to whether a settlement conference should be scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
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Filing 77
ORDER granting Parties' #75 Joint Motion to Modify Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell. Any responses to the Receiver's Motion to Determine Ownership and for Authority to Pledge or Sell [Dkt. 37] are to be filed on or before December 14, 2015, and any Reply in support of said Motion is to be filed on or before December 18, 2015. Signed by Magistrate Judge Mark J. Dinsmore on 11/30/2015. (SWM)
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| Filing 76 REPORT of Receiver for the Period of 10/1/15 through 10/31/15 by BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Cash Receipts & Disbursements Summary)(Brewer, Wendy) |
| Filing 75 Joint MOTION to Modify (Third) Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell, filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Proposed Order)(Brewer, Wendy) |
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Filing 74
SCHEDULING ORDER- Telephone Conference set for 12/10/2015 at 8:30 AM before Magistrate Judge Mark J. Dinsmore to discuss case status. Signed by Magistrate Judge Mark J. Dinsmore on 11/24/2015.(CBU)
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Filing 73
ORDER granting #56 Motion to Intervene that CNH Capital America LLC upon entry of this Order. Signed by Magistrate Judge Mark J. Dinsmore on 11/24/2015. (CBU)
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Filing 72
ORDER granting #68 Motion to Intervene that Logansport Savings Bank upon entry of this Order. Signed by Magistrate Judge Mark J. Dinsmore on 11/23/2015. (CBU)
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| Filing 71 Corporate Disclosure Statement by LOGANSPORT SAVINGS BANK identifying Corporate Parent Logansport Financial Corp. for LOGANSPORT SAVINGS BANK.. (Hokanson, Jeffrey) |
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Filing 70
ORDER granting #65 Joint Motion to Modify Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell. Any responses to the Receiver's Motion to Determine Ownership and for Authority to Pledge or Sell [Dkt. 37] are to be filed on or before November 30, 2015, and any Reply in support of said Motion is to be filed on or before December 4, 2015. Signed by Magistrate Judge Mark J. Dinsmore on 11/3/2015. (SWM)
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| Filing 69 NOTICE to File Corporate Disclosure Statement to LOGANSPORT SAVINGS BANK. (LAB) (CKM) |
| Filing 68 MOTION to Intervene , filed by Intervenor LOGANSPORT SAVINGS BANK. (Attachments: #1 Text of Proposed Order)(Hokanson, Jeffrey) |
| Filing 67 NOTICE of Appearance by Jordan Keith Baker on behalf of Intervenor LOGANSPORT SAVINGS BANK. (Baker, Jordan) |
| Filing 66 NOTICE of Appearance by Jeffrey A. Hokanson on behalf of Intervenor LOGANSPORT SAVINGS BANK. (Hokanson, Jeffrey) |
| Filing 65 Joint MOTION to Modify (Second) Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell, filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Proposed Order)(Brewer, Wendy) |
| Filing 64 REPORT of Receiver for the Period of 9/1/15 through 9/30/15 by BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Summary of Receipts and Disbursements)(Brewer, Wendy) |
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Filing 63
ORDER OF REFERENCE - On October 8, 2015 the Court issued a minute entry [Dkt. 53] ordering the parties to file an Amended Notice of Consent and Reference of a Civil Action to Magistrate Judge. No Amended Notice of Consent was filed. Accordingly, the order of reference to Magistrate Judge Mark J. Dinsmore [Dkt. 19] is hereby VACATED and the matter is referred back to District Judge Sarah Evans Barker. PLEASE USE THE FOLLOWING CASE NO. 1:15-cv-01319-SEB-MJD ON ALL FUTURE FILINGS WITH THIS COURT. Signed by Magistrate Judge Mark J. Dinsmore on 10/19/2015.(MAC)
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Filing 62
ORDER granting Joint #61 Motion to Modify Schedule. Any responses to the Receiver's Motion to Determine Ownership and for Authority to Pledge or Sell [Dkt. #37] are to be filed on or before October 30, 2015, and any Reply in support of said Motion is to be filed on or before November 5, 2015. Signed by Magistrate Judge Mark J. Dinsmore on 10/19/2015. (MAC) (Main Document 62 replaced on 10/20/2015) (MAC).
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| Filing 61 Joint MOTION to Modify Schedule Related to Receiver's Motion for Determination of Ownership and for Authority to Pledge or Sell, filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit A - Proposed Order)(Brewer, Wendy) |
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Filing 60
ORDER ON MOTIONS FOR RECONSIDERATION: Neither the Receiver nor Defendants have presented an argument persuasive enough to cause the Court to reconsider its prior order pursuant to Rule 60(b). Therefore the Receiver's Motion for Reconsideration and/or Relief From Order on Motion for Leave of Court to Enforce State Court Replevin Order [Dkt. 46] and Defendants' Motion for Reconsideration [Dkt. 49] are DENIED (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 10/16/2015. (SWM)
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| Filing 59 RESPONSE in Opposition re #46 MOTION for Reconsideration re #39 Order on Motion for Leave of Court to Enforce State Court Replevin Order, #49 MOTION for Reconsideration re #39 Order on Motion , filed by Intervenor Parties DEERE CREDIT INC., Deere & Company. (Lobring, Karen) |
| Filing 58 CONSENT of Certificate of No Objection to Motion to Intervene [Dkt. 56] by BARRON BUSINESS CONSULTING. (Brewer, Wendy) Modified on 10/14/2015 (NLR). |
| Filing 57 Submission of Proposed Order , re #56 MOTION to Intervene , filed by Intervenor CNH Capital America, LLC. (Kammeyer, William) |
| Filing 56 MOTION to Intervene , filed by Intervenor CNH Capital America, LLC. (Kammeyer, William) |
| Filing 55 NOTICE of Appearance by William Randall Kammeyer on behalf of Intervenor CNH Capital America, LLC. (Kammeyer, William) |
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Filing 54
ORDER granting Petitioner Boswell Livestock Commission Company Inc's #42 Motion to Intervene. Signed by Magistrate Judge Mark J. Dinsmore on 10/8/2015. (SWM)
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Filing 53
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 10/7/2015. A discussion was held regarding the pending motions and the Court orders as follows: Any response to the Receiver's motion for determination regarding ownership and for authority to pledge or sell [Dkt. 37], is to be filed by October 21, 2015 and any reply in support of the motion is to be filed by October 26, 2015. Any response is to the two motions to reconsider [Dkts. 46 & 49], are be filed by 11:00 a.m. (Eastern) on October 14, 2015 and any reply by October 15, 2015. On or before October 14, 2015, the parties are to file an amended Notice, Consent and Reference of a Civil Action to Magistrate Judge if such consent is agreed. If such consent is not filed, the action shall be returned to District Judge Sarah Evans Barker. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
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| Filing 52 CONSENT /Certificate of No Objection to Boswell's Motion to Intervene [Doc. 42] by BMO HARRIS BANK, N.A.. (West, Erin) |
| Filing 51 CONSENT Certificate of No Objection to Motion to Intervene [dkt. 42] by BARRON BUSINESS CONSULTING. (Brewer, Wendy) Modified on 10/8/2015 (NLR). |
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Filing 50
ORDER granting Caterpillar's #33 Motion to Intervene (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 10/7/2015. (SWM)
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| Filing 49 MOTION for Reconsideration re #39 Order on Motion , filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Buchheit, Bradley) |
| Filing 48 NOTICE of Appearance by Bradley J. Buchheit on behalf of Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Buchheit, Bradley) |
| Filing 47 CONSENT /CERTIFICATE OF NO OBJECTION by All Defendants to Motion to Intervene [Dkt. 42]. (Chilcote, Courtney) Modified on 10/8/2015 (NLR). |
| Filing 46 MOTION for Reconsideration re #39 Order on Motion for Leave of Court to Enforce State Court Replevin Order, filed by Receiver BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
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Filing 45
SCHEDULING ORDER: This matter comes before the Court on Barron Business Consulting's Motion for Determination Regarding Ownership and for Authority to Pledge of Sell [Dkt. 37]. The Court hereby stays briefing on this motion until a decision is made on Boswell Livestock Commission Company, Inc.'s motion to intervene [Dkt. 42], at which time the Court will establish a briefing schedule on this motion as appropriate. Signed by Magistrate Judge Mark J. Dinsmore on 10/5/2015.(SWM)
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Filing 44
SCHEDULING ORDER: This matter comes before the Court on Petitioner Boswell Livestock Commission Company Inc.'s Motion to Intervene [Dkt. 42]. Any response to the motion is due on or before October 9, 2015. Any reply in support of the motion is due on or before October 13, 2015. Signed by Magistrate Judge Mark J. Dinsmore on 10/5/2015.(SWM)
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| Filing 43 NOTICE of Appearance by Thomas W. Dinwiddie on behalf of Intervenor Boswell Livestock Commission Company, Inc.. (Dinwiddie, Thomas) |
| Filing 42 MOTION to Intervene , filed by Intervenor Boswell Livestock Commission Company, Inc.. (Attachments: #1 Text of Proposed Order)(Waller, John) |
| Filing 41 NOTICE of Appearance by John D. Waller on behalf of Intervenor Boswell Livestock Commission Company, Inc.. (Waller, John) |
| Filing 40 MARGINAL ENTRY denying as moot Deere Defendants' #29 Motion for Emergency Hearing (see Entry). Signed by Magistrate Judge Mark J. Dinsmore on 10/2/2015. (SWM) |
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Filing 39
ORDER granting Intervenors Deere & Company and Deere Credit, Inc's #28 Motion for Leave of Court to Enforce State Court Replevin Order (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 10/1/2015. (SWM)
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Filing 38
ORDER granting Deere & Company and Deere Credit, Inc's #27 Motion to Intervene (see Order for further details). Signed by Magistrate Judge Mark J. Dinsmore on 10/1/2015. (SWM)
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| Filing 37 MOTION for Determination Regarding Ownership and for Authority to Pledge or Sell, filed by Receiver BARRON BUSINESS CONSULTING. (Attachments: #1 Exhibit Exhibit A - Boswell Note, #2 Exhibit Exhibit B - Boswell Security Agreement, #3 Exhibit Exhibit C - 6/19/15 Boswell Letter, #4 Exhibit Exhibit D - BMO UCC-1, #5 Exhibit Exhibit E - Seller's Bill, #6 Exhibit Exhibit F - Gibson Invoice, #7 Exhibit Exhibit G - Boswell Invoice, #8 Exhibit Exhibit H - MOU, #9 Exhibit Exhibit I - Addendum)(Brewer, Wendy) |
| Filing 36 REPLY in Support of Motion re #28 MOTION For Leave of Court to Enforce State Court Replevin Order , filed by Intervenor Parties Deere & Company, Deere Credit, Inc.. (Lobring, Karen) |
| Filing 35 RESPONSE in Opposition re #28 MOTION For Leave of Court to Enforce State Court Replevin Order , filed by Receiver BARRON BUSINESS CONSULTING. (Brewer, Wendy) |
| Filing 34 RESPONSE in Opposition re #28 MOTION For Leave of Court to Enforce State Court Replevin Order , filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Hester, Jeffrey) |
| Filing 33 MOTION to Intervene , filed by Intervenor CATERPILLAR FINANCIAL SERVICES CORPORATION. (Mosby, Whitney) |
| Filing 32 NOTICE of Appearance by Whitney L. Mosby on behalf of Intervenor CATERPILLAR FINANCIAL SERVICES CORPORATION. (Mosby, Whitney) |
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Filing 31
SCHEDULING ORDER: This matter comes before the Court on Intervenor Deere & Company and Deere Credit, Inc.'s Motion to Intervene [Dkt. 27] and Motion for Leave of Court to Enforce State Court Replevin Order [Dkt. 28]. Any response to the motions are due on or before September 25, 2015. Any reply in support of the motions are due on or before September 29, 2015. Signed by Magistrate Judge Mark J. Dinsmore on 9/17/2015.(SWM)
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| Filing 30 AFFIDAVIT in Support of Motion re #27 MOTION to Intervene , #28 MOTION For Leave of Court to Enforce State Court Replevin Order , filed by Intervenor Parties Deere & Company, Deere Credit, Inc.. (Lobring, Karen) |
| Filing 29 MOTION for Emergency Hearing re #27 MOTION to Intervene , #28 MOTION For Leave of Court to Enforce State Court Replevin Order , filed by Intervenor Parties Deere & Company, Deere Credit, Inc.. (Attachments: #1 Text of Proposed Order)(Lobring, Karen) |
| Filing 28 MOTION For Leave of Court to Enforce State Court Replevin Order, filed by Intervenor Parties Deere & Company, Deere Credit, Inc.. (Attachments: #1 Text of Proposed Order)(Lobring, Karen) |
| Filing 27 MOTION to Intervene , filed by Intervenor Parties Deere & Company, Deere Credit, Inc.. (Attachments: #1 Text of Proposed Order)(Lobring, Karen) |
| Filing 26 NOTICE of Appearance by Karen Lynn Lobring on behalf of Intervenor Deere & Company. (Lobring, Karen) |
| Filing 25 NOTICE of Appearance by Karen Lynn Lobring on behalf of Intervenor Deere Credit, Inc.. (Lobring, Karen) |
| Filing 24 NOTICE of Initial Extension of Time to Respond to Complaint, filed by Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP (Chilcote, Courtney) |
| Filing 23 CERTIFICATE OF SERVICE by All Defendants for Order Appointing Receiver (Hester, Jeffrey) |
| Filing 22 CERTIFICATE OF SERVICE by BMO HARRIS BANK, N.A. mailing Order Appointing Receiver (West, Erin) |
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Filing 21
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/1/2015. The parties discussed an agreed order appointing the receiver, which the Court entered, with changes to which the parties agreed. Status Conference set for 10/7/2015 at 04:40 PM (Eastern)in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
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Filing 20
ORDER APPOINTING RECEIVER #11 Approved and entered as amended. Defendants are ordered to serve a copy of this order on all secured creditors whose secured property may be subject to this order (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 9/1/2015. (SWM)
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Filing 19
**VACATED PER #63 **ORDER OF REFERENCE - The parties have indicated their consent to the exercise of jurisdiction by a United States Magistrate Judge by the filing of consent Dkt. #10 . It is, therefore, ORDERED, that this case be referred to the currently assigned United States Magistrate Judge, The Honorable Mark J. Dinsmore.Should this case be reassigned to a magistrate judge other than the magistrate judge assigned the date of this order, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent will remain in effect. The cause number of this action shall be amended as shown above to reflect the referral of this action to the Magistrate Judge. PLEASE USE ALTERED CASE NO. 1:15-cv-01319-MJD-SEB ON ALL FUTURE FILINGS WITH THIS COURT. Signed by Judge Sarah Evans Barker on 9/1/2015.(CKM) Modified on 10/20/2015 (MAC).
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| Filing 18 Submission of Proposed Order , re #11 MOTION to Appoint Receiver , filed by Plaintiff BMO HARRIS BANK, N.A.. (Nixon, Timothy) |
| Filing 17 NOTICE of Appearance by Wendy D. Brewer on behalf of Receiver Barron Business Consulting. (Brewer, Wendy) |
| Filing 16 BRIEF/MEMORANDUM in Support re #11 MOTION to Appoint Receiver , filed by Plaintiff BMO HARRIS BANK, N.A.. (Nixon, Timothy) |
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Filing 15
ORDER granting Plaintiff's #12 Motion for Status Conference. Status Conference set for 9/1/2015 01:00 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 8/31/2015.(SWM)
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| Filing 14 CERTIFICATE OF SERVICE by BMO HARRIS BANK, N.A. re #12 MOTION for Status Conference, #11 MOTION to Appoint Receiver , #13 Submission of Proposed Order (Nixon, Timothy) |
| Filing 13 Submission of Proposed Order , re #12 MOTION for Status Conference, filed by Plaintiff BMO HARRIS BANK, N.A.. (Nixon, Timothy) |
| Filing 12 MOTION for Status Conference, filed by Plaintiff BMO HARRIS BANK, N.A.. (Nixon, Timothy) |
| Filing 11 MOTION to Appoint Receiver , filed by Plaintiff BMO HARRIS BANK, N.A.. (Attachments: #1 Exhibit A - Barron's Creditentials, #2 Memorandum of Law ISO Plaintiff's Motion)(Nixon, Timothy) |
| Filing 10 CONSENT (Joint) to Jurisdiction to US Magistrate Judge by All Plaintiffs. (West, Erin) Modified on 8/28/2015 (CKM). |
| Filing 9 NOTICE of Appearance by Courtney E. Chilcote on behalf of Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Chilcote, Courtney) |
| Filing 8 NOTICE of Appearance by Jeffrey Michael Hester on behalf of Defendants GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (Hester, Jeffrey) |
| Filing 7 WAIVER OF SERVICE Returned Executed, filed by BMO HARRIS BANK, N.A.. All Defendants. (Attachments: #1 Waiver of Gibson Family Farm Store, LLC, #2 Waiver of KARV Family Limited Partnership)(West, Erin) |
| Filing 6 NOTICE of Appearance by Timothy F. Nixon on behalf of Plaintiff BMO HARRIS BANK, N.A.. (Nixon, Timothy) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MEH) |
| Filing 4 Summons Issued as to GIBSON FAMILY FARM STORE, LLC, GIBSON GRAIN & SUPPLY, LLC, KARV FAMILY LIMITED PARTNERSHIP. (MEH) |
| Filing 3 Corporate Disclosure Statement by BMO HARRIS BANK, N.A. identifying Corporate Parent BMO BANKCORP, INC., Corporate Parent BANK OF MONTREAL, Corporate Parent BMO FINANCIAL CORP. for BMO HARRIS BANK, N.A... (West, Erin) |
| Filing 2 NOTICE of Appearance by Erin A. West on behalf of Plaintiff BMO HARRIS BANK, N.A.. (West, Erin) |
| Filing 1 COMPLAINT against All Defendants, filed by BMO HARRIS BANK, N.A.. (Filing fee $400, receipt number 0756-3575443) (Attachments: #1 Exhibit Index of Exhibits to Complaint, #2 Exhibit Exhibit 1 - GGS Note 348994 dated May 15, 2014, #3 Exhibit 2 - GGS Note 307813 dated October 21, 2013, #4 Exhibit 3 - GGS Grain NRLOC 327703 dated December 17, 2013, #5 Exhibit 4 - GGS Loan Agreement dated December 17, 2013, #6 Exhibit 5 - GGS Note 339248 dated December 17, 2013, #7 Exhibit 6 - GGS Note 341114 dated January 24, 2012, #8 Exhibit 7 - GGS BLA 341114 dated January 24, 2012, #9 Exhibit 8 - GGS Note 341420 dated May 10, 2012, #10 Exhibit Exhibit 9 - GGS ALA 341420 dated May 10, 2012, #11 Exhibit 10 - GGS Note 341421 dated May 10, 2012, #12 Exhibit 11 - GGS ALA 341421 dated May 10, 2012, #13 Exhibit 12 - GGS Note 275450 dated March 31, 2013, #14 Exhibit 13 - GGS LOC 275450 dated March 31, 2013, #15 Exhibit 14 - GGS and KARV Note 341423 dated May 10, 2012, #16 Exhibit 15 - GGS and GFFS Note 341422 dated June 20, 2012, #17 Exhibit 16 - GGS and GFFS ALA 341422 dated June 20, 2012, #18 Exhibit 17 - GGS and GFFS Note 341611 dated August 10, 2012, #19 Exhibit 18 - GGS and GFFS Note 348995 dated April 28, 2014, #20 Exhibit 19 - GGS ASA dated December 17, 2013, #21 Exhibit 20 - GGS CSA dated January 23, 2012, #22 Exhibit 21 - GGS ASA dated May 10, 2012, #23 Exhibit 22 - GGS ASA dated May 10, 2012, #24 Exhibit 23 - GGS and GFFS ASA dated June 20, 0212, #25 Exhibit 24 - GGS ASA dated April 28, 2014, #26 Exhibit Exhibit 25 - GGS ASA dated May 10, 2012, #27 Exhibit 26 - UCC Financing Statements, #28 Exhibit 27 - Mortgage dated May 10, 2012, #29 Exhibit 28 - Mortgage dated January 31, 2014, #30 Exhibit 29 - GFFS Guaranty dated May 15, 2014, #31 Exhibit 30 - GFFS Guaranty dated October 21, 2013, #32 Exhibit 31 - GFFS Guaranty dated December 17, 2013, #33 Exhibit 32 - GFFS Guaranty dated January 31, 2014, #34 Exhibit 33 - GFFS Commercial Guaranty dated January 24, 2012, #35 Exhibit 34 - KARV Guaranty dated May 15, 2014, #36 Exhibit 35 - KARV Guaranty dated October 21, 2013, #37 Exhibit 36 - KARV Guaranty dated December 17, 2013, #38 Exhibit 37 - KARV Guaranty dated January 31, 2014, #39 Exhibit 38 - KARV Commercial Guaranty dated January 24, 2012, #40 Exhibit 39 - KARV Guaranty dated May 10, 2012, #41 Exhibit 40 - KARV Guaranty dated September 20, 2013, #42 Exhibit 41 - KARV Guaranty dated April 28, 2014, #43 Exhibit 42 - Forbearance Agreement, #44 Civil Cover Sheet, #45 Proposed Summons)(West, Erin) Modified on 8/15/2016 (CKM). |
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