GemCap Lending I, LLC v. Pertl Ranch, LLC et al
Plaintiff: GemCap Lending I, LLC
Defendant: Outlaw Farms & Trucking LLC, Pertl Ranch Feeders LLC and Pertl Ranch, LLC
Interested Party: Deere Credit, Inc, John Deere Financial, f.s.b., CNH Industrial Capital, Belt Leasing, LLC and Deere & Company
3Rd Party Defendant: Steeplechase Advisors, LLC, Ronald F. Pertl in His Capacity as Trustee of the Ronald F. Pertl and Joyce M. Pertl Living Trust Under Trust Instrument Dated September 19, 2006, Joyce M. Pertl in His Capacity as Trustee of the Ronald F. Pertl and Joyce M. Pertl Living Trust Under Trust Instrument Dated September 19, 2006, Ronald F. Pertl, Joyce M. Pertl, Mindy J. Montgomery, James Cullen, Ronald F. Pertl and Joyce M. Pertl Living Trust Under Trust Instrument Dated September 19, 2006 and William Shane Pertl
Intervenor: Conterra Agricultural Capital, LLC, BancCentral, National Association and Morrill & Janes Bank & Trust Company
Case Number: 2:2018cv02622
Filed: November 19, 2018
Court: US District Court for the District of Kansas
Presiding Judge: Carlos Murguia
Referring Judge: James P O'Hara
Nature of Suit: Negotiable Instrument
Cause of Action: 28:2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2019 Filing 58 CERTIFICATE OF SERVICE of Receiver Steeplechase Advisors Reply Memorandum in Support of Motion to Approve Sale of Assets, Free and Clear of Any Liens, Claims and Encumbrances, (with Declaration attached as Exhibit 1) by Steeplechase Advisors, LLC re #57 Memorandum in Support of Motion, (Whiston, Gregory)
January 17, 2019 Filing 57 MEMORANDUM IN SUPPORT of #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances (Reply Memorandum in Support) by Receiver Steeplechase Advisors, LLC (Attachments: #1 Exhibit 1 - Cullen Declaration)(Whiston, Gregory)
January 16, 2019 Filing 56 RESPONSE by Receiver Steeplechase Advisors, LLC re #36 MOTION to Appoint Receiver on the Conterra Parcels Limited Objection to Conterra Agriculture Capital, LLC's Motion for an Order for Appointment of Senior Receiver for Four Parcels (Whiston, Gregory)
January 16, 2019 Filing 55 STATUS REPORT (Receiver's Financial Report) by Steeplechase Advisors, LLC. (Whiston, Gregory)
January 11, 2019 Filing 54 MEMORANDUM IN OPPOSITION by Receiver Steeplechase Advisors, LLC re #51 MOTION to Intervene (Whiston, Gregory)
January 11, 2019 Filing 53 ENTRY OF APPEARANCE by Wesley F. Smith on behalf of Deere & Company; Deere Credit, Inc.; John Deere Financial, f.s.b. (Smith, Wesley)
January 11, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #51 MOTION to Intervene . The motion will be resolved by the District Judge.(ss)
January 10, 2019 Filing 52 RESPONSE by Interested Party Belt Leasing, LLC re #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances (Frobisher, Kelsey)
January 10, 2019 Filing 51 MOTION to Intervene by Defendants Outlaw Farms & Trucking LLC, Pertl Ranch Feeders LLC, Pertl Ranch, LLC (Attachments: #1 Exhibit Exhibit A)(Davis, Jonathan)
January 10, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #50 MOTION to Intervene . The motion will be resolved by the District Judge.(srj)
January 10, 2019 Filing 50 MOTION to Intervene by Intervenor Morrill & Janes Bank & Trust Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Fielding, Michael)
January 10, 2019 Filing 49 RESPONSE by Interested Party Deere & Company; Deere Credit, Inc.; John Deere Financial, f.s.b. re #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances (Attachments: #1 Exhibit A - Leases, #2 Exhibit B - Loans, #3 Exhibit C - UCC-1 Filings)(Smith, Wesley)
January 10, 2019 Filing 48 RESPONSE by Interested Party CNH Industrial Capital re #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances (Attachments: #1 Exhibit 1)(Andrusak, Michael)
January 10, 2019 Filing 47 RESPONSE by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC re #36 MOTION to Appoint Receiver on the Conterra Parcels (Stolte, Sharon)
January 10, 2019 Filing 46 RESPONSE by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC re #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stolte, Sharon)
January 10, 2019 Filing 45 ENTRY OF APPEARANCE by Kelsey Nicole Frobisher on behalf of Belt Leasing, LLC (Frobisher, Kelsey)
January 10, 2019 Filing 44 RESPONSE by Intervenor BancCentral, National Association re #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances (Fielding, Michael)
January 9, 2019 Filing 43 INTERVENOR COMPLAINT for Foreclosure, for the Immediate Appointment of a Senior Receiver for Four Parcels, and for Other Relief, filed by Conterra Agricultural Capital, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(McAndrews, Patrick)
January 9, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #36 MOTION to Appoint Receiver on the Conterra Parcels. The motion will be resolved by the District Judge.(srj)
January 9, 2019 Opinion or Order Filing 42 ORDER granting #26 Unopposed Motion to Intervene of Conterra Agriculture Capital, LLC and granting #28 Motion to Intervene of BancCentral, National Association. Signed by District Judge Carlos Murguia on 1/9/19. (hw)
January 9, 2019 Filing 41 ENTRY OF APPEARANCE by Michael R. Andrusak on behalf of CNH Industrial Capital. (Andrusak, Michael)
January 8, 2019 Filing 40 SUGGESTION OF BANKRUPTCY as to Ronald F. Pertl and Joyce M. Pertl. (McAndrews, Patrick)
January 7, 2019 Filing 39 RESPONSE by Receiver Steeplechase Advisors, LLC re #28 MOTION to Intervene (to Banccentral National Association's Motion to Intervene) (Whiston, Gregory)
January 7, 2019 Filing 38 RESPONSE by Receiver Steeplechase Advisors, LLC re #26 Unopposed MOTION to Intervene of Conterra Agricultural Capital, LLC" (Whiston, Gregory)
January 7, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #28 MOTION to Intervene , #26 Unopposed MOTION to Intervene of Conterra Agricultural Capital, LLC". The motion will be resolved by the District Judge. (jsh)
January 7, 2019 Filing 37 MEMORANDUM IN SUPPORT of #36 MOTION to Appoint Receiver on the Conterra Parcels by Intervenor Plaintiff Conterra Agricultural Capital, LLC(McAndrews, Patrick)
January 7, 2019 Filing 36 MOTION to Appoint Receiver on the Conterra Parcels by Intervenor Plaintiff Conterra Agricultural Capital, LLC (McAndrews, Patrick)
January 7, 2019 Filing 35 NOTICE of Oath of Receiver by Conterra Agricultural Capital, LLC (McAndrews, Patrick)
January 4, 2019 Filing 34 RESPONSE by Intervenor Plaintiff Conterra Agricultural Capital, LLC re #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances (McAndrews, Patrick)
January 4, 2019 Opinion or Order Filing 33 ORDER granting #29 Motion to Appear Pro Hac Vice of John O'Brien for Conterra Agricultural Capital, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 1/4/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)
January 3, 2019 Filing 32 CERTIFICATE OF SERVICE of Notice of Hearing and Response Deadline for Receivers Emergency Motion to Approve Sale of Assets Free and Clear of any Liens, Claims and Encumbrances by Steeplechase Advisors, LLC. (Whiston, Gregory)
January 3, 2019 Opinion or Order Filing 31 ORDER regarding Receiver's #21 Emergency MOTION to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances filed by Steeplechase Advisors, LLC: Any Responses to the Motion shall be filed on or before 1/10/2019. Any Reply briefing by Receiver to Responses shall be filed on or before 1/17/2019. The Court directs Receiver to notify any creditors of the receivership entities of the Response deadline and Motion Hearing date and time. MOTION HEARING is scheduled 1/23/2019 at 01:30 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. Signed by District Judge Carlos Murguia on 1/3/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
January 3, 2019 Filing 30 ELECTRONIC FILING REGISTRATION FORM of John O'Brien re motion for leave to appear pro hac vice #29 by Intervenor Plaintiff Conterra Agricultural Capital, LLC(McAndrews, Patrick)
January 3, 2019 Filing 29 MOTION for attorney John O'Brien to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4674178.) by Intervenor Plaintiff Conterra Agricultural Capital, LLC (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Affidavit IN Support of Motion for Leave to Appear Pro Hac Vice)(McAndrews, Patrick)
January 3, 2019 Filing 28 MOTION to Intervene by Intervenor BancCentral, National Association (Attachments: #1 Exhibit Objection)(Fielding, Michael)
January 3, 2019 Filing 27 MEMORANDUM IN SUPPORT of #26 Unopposed MOTION to Intervene of Conterra Agricultural Capital, LLC" by Intervenor Plaintiff Conterra Agricultural Capital, LLC (Attachments: #1 Exhibit 1 - Complaint In INtervention for Foreclosure, For the Immediate Appointment of a Senior Receiver for Four Parcels, and For Other Relief")(McAndrews, Patrick)
January 3, 2019 Filing 26 Unopposed MOTION to Intervene of Conterra Agricultural Capital, LLC" by Intervenor Plaintiff Conterra Agricultural Capital, LLC (McAndrews, Patrick)
December 28, 2018 Opinion or Order Filing 25 ORDER granting #20 Motion to Appear Pro Hac Vice of Ryan T. Murphy for Steeplechase Advisors, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 12/28/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)
December 28, 2018 Opinion or Order Filing 24 ORDER granting #19 Motion to Appear Pro Hac Vice of Joseph J. Cassioppi for Steeplechase Advisors, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 12/28/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)
December 24, 2018 MOTION REFERRAL to Magistrate Judge REMOVED as to: #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances . The motion will be resolved by the District Judge.(amh)
December 21, 2018 MOTION REFERRAL to Magistrate Judge REMOVED as to: #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances . The motion will be resolved by the District Judge.(srj)
December 21, 2018 Filing 23 CERTIFICATE OF SERVICE of Receiver's Emergency Motion to Approve Sale of Assets Free and Clear of and Liens, Claims and Encumbrances, with Supporting Memorandum, Declaration and Proposed Order by Steeplechase Advisors, LLC re #22 Memorandum in Support of Motion, #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances (Whiston, Gregory)
December 21, 2018 Filing 22 MEMORANDUM IN SUPPORT of #21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances by Receiver Steeplechase Advisors, LLC (Attachments: #1 Affidavit Declaration of James H. Cullen)(Whiston, Gregory)
December 21, 2018 Filing 21 MOTION Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances by Receiver Steeplechase Advisors, LLC (Whiston, Gregory)
December 20, 2018 Filing 20 MOTION for attorney Ryan T. Murphy to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4666764.) by Receiver Steeplechase Advisorys, LLC (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Pro Hac Affidavit - Murphy, #2 ECF Registration Form Murphy)(Whiston, Gregory)
December 20, 2018 Filing 19 MOTION for attorney Joseph J. Cassioppi to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4666748.) by Receiver Steeplechase Advisorys, LLC (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Pro Hac Affidavit of Cassioppi, #2 ECF Registration Form Cassioppi)(Whiston, Gregory)
December 20, 2018 Filing 18 ENTRY OF APPEARANCE by Gregory B. Whiston on behalf of Steeplechase Advisorys, LLC (Whiston, Gregory)
December 20, 2018 Filing 17 ENTRY OF APPEARANCE by Frederick H. Riesmeyer, II on behalf of Steeplechase Advisorys, LLC (Riesmeyer, Frederick)
December 3, 2018 Opinion or Order Filing 16 INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 3/25/2019 at 9:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 3/11/2019. Rule 26 Initial Disclosures Deadline set for 3/11/2019. Signed by Magistrate Judge James P. O'Hara on 12/3/18. (ss)
November 26, 2018 Filing 15 NOTICE OF CANCELLED HEARING: Motion for Emergency Temporary Restraining Order, scheduled for 11/28/2018, is cancelled. Court directs counsel to contact assigned magistrate judge to set a scheduling conference for case. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
November 26, 2018 Opinion or Order Filing 14 ORDER: Plaintiffs' #2 Motion for Emergency Temporary Restraining Order and #6 Amended Motion for Emergency Temporary Restraining Order are withdrawn pursuant to Plaintiffs' #13 Notice of Withdrawal of Documents. Signed by District Judge Carlos Murguia on 11/26/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
November 26, 2018 Filing 13 NOTICE of WITHDRAWAL OF DOCUMENTS by GemCap Lending I, LLC re #8 Notice (Other), #2 MOTION for Temporary Restraining Order (Stolte, Sharon)
November 21, 2018 Opinion or Order Filing 12 ORDER: MOTION HEARING regarding Plaintiff GEMCAP LENDING I, LLC's #6 Amended Motion for Emergency Temporary Restraining Order is scheduled for 11/28/2018 at 12:00 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. Defendant PERTL RANCH, LLC et. al. must file any Response on or before 11/23/2018. Plaintiff is ordered to notify Defendant PERTL RANCH, LLC et. al. of the hearing date and time and Response deadline and to file verification of service to Court. Signed by District Judge Carlos Murguia on 11/21/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jsh)
November 21, 2018 Opinion or Order Filing 11 ORDER: In light of parties' #10 Agreed Order Appointing Receiver, the Court denies as moot Plaintiff's #4 Emergency Motion for Appointment of Receiver. Signed by District Judge Carlos Murguia on 11/21/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
November 21, 2018 Opinion or Order Filing 10 AGREED ORDER APPOINTING RECEIVER: Steeplechase Advisors, LLC, namely James Cullen, (the "Receiver") be and is hereby appointed receiver of all the rights and interests of Defendants to assume control of and manage all Defendants' business operations and assets, as well as receive, use and hold rents, from the date hereof, from the same (the "Receivership Property") pending further order of the Court. Signed by District Judge Carlos Murguia on 11/21/2018. (jsh)
November 21, 2018 MOTION REFERRAL to Magistrate Judge REMOVED as to: #2 MOTION for Temporary Restraining Order . The motion will be resolved by the District Judge.(ss)
November 21, 2018 Filing 9 ENTRY OF APPEARANCE by Jonathan W. Davis on behalf of All Defendants. (Davis, Jonathan)
November 20, 2018 Filing 8 (WITHDRAWN PER DE #13) NOTICE of HEARING by GemCap Lending I, LLC (Stolte, Sharon) Modified on 11/27/2018 (hw).
November 20, 2018 Filing 7 CERTIFICATE OF SERVICE of INITIAL COURT FILINGS by GemCap Lending I, LLC. (Stolte, Sharon)
November 20, 2018 MOTION REFERRAL to Magistrate Judge REMOVED as to: #6 MOTION to Amend/Correct #2 MOTION for Temporary Restraining Order . The motion will be resolved by the District Judge.(ss)
November 20, 2018 Filing 6 Amended MOTION for Emergency Temporary Restraining Order re: #2 MOTION for Temporary Restraining Order by Plaintiff GemCap Lending I, LLC (Stolte, Sharon) (Modified on 11/21/2018 to correct title; incorrect ecf event used. (hl))
November 19, 2018 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Carlos Murguia and Magistrate Judge James P. O'Hara for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn)
November 19, 2018 Filing 5 MEMORANDUM IN SUPPORT of #4 MOTION to Appoint Receiver by Plaintiff GEMCAP LENDING I, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stolte, Sharon)
November 19, 2018 Filing 4 MOTION to Appoint Receiver by Plaintiff GEMCAP LENDING I, LLC (Stolte, Sharon)
November 19, 2018 Filing 3 MEMORANDUM IN SUPPORT of #2 MOTION for Temporary Restraining Order by Plaintiff GEMCAP LENDING I, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stolte, Sharon)
November 19, 2018 Filing 2 (WITHDRAWN PER DE #13) MOTION for Temporary Restraining Order by Plaintiff GEMCAP LENDING I, LLC (Stolte, Sharon) Modified on 11/27/2018 (hw).
November 19, 2018 Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4638806.), filed by GEMCAP LENDING I, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit CIVIL COVER SHEET)(Stolte, Sharon)

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Search for this case: GemCap Lending I, LLC v. Pertl Ranch, LLC et al
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Defendant: Outlaw Farms & Trucking LLC
Represented By: Jonathan W. Davis
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Defendant: Pertl Ranch Feeders LLC
Represented By: Jonathan W. Davis
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Defendant: Pertl Ranch, LLC
Represented By: Jonathan W. Davis
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Plaintiff: GemCap Lending I, LLC
Represented By: Sharon L. Stolte
Represented By: Brett Michael Simon
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Interested party: Deere Credit, Inc
Represented By: Wesley F. Smith
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Interested party: John Deere Financial, f.s.b.
Represented By: Wesley F. Smith
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Interested party: CNH Industrial Capital
Represented By: Michael R. Andrusak
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Interested party: Belt Leasing, LLC
Represented By: Kelsey Nicole Frobisher
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Interested party: Deere & Company
Represented By: Wesley F. Smith
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3rd party defendant: Steeplechase Advisors, LLC
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3rd party defendant: Ronald F. Pertl in His Capacity as Trustee of the Ronald F. Pertl and Joyce M. Pertl Living Trust Under Trust Instrument Dated September 19, 2006
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3rd party defendant: Joyce M. Pertl in His Capacity as Trustee of the Ronald F. Pertl and Joyce M. Pertl Living Trust Under Trust Instrument Dated September 19, 2006
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3rd party defendant: Ronald F. Pertl
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3rd party defendant: Joyce M. Pertl
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3rd party defendant: Mindy J. Montgomery
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3rd party defendant: James Cullen
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3rd party defendant: Ronald F. Pertl and Joyce M. Pertl Living Trust Under Trust Instrument Dated September 19, 2006
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3rd party defendant: William Shane Pertl
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Intervenor: Conterra Agricultural Capital, LLC
Represented By: John O'Brien
Represented By: Patrick Jerome McAndrews
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Intervenor: BancCentral, National Association
Represented By: Michael D. Fielding
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Intervenor: Morrill & Janes Bank & Trust Company
Represented By: Michael D. Fielding
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