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, William Shane Pertl and Banner Administration Company, Inc.
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: John W Broomes
Referring Judge: Carlos Murguia
2 Judge: James P O'Hara
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2021 Opinion or Order Filing 280 FINAL JUDGMENT granting #278 Motion for Judgment. Judgment is entered in favor of Intervenor BancCentral, National Association("BancCentral") and against Pertl Ranch, LLC, Pertl Ranch Feeders, LLC, and Mindy Jo Montgomery in the amount of $3,325,461.61, plus accruing post-judgment interest in the amount of $945.19 per diem from April 9, 2021. See order for additional details. Signed by District Judge John W. Broomes on 4/13/2021. Mailed to pro se party Pertl Ranch Feeders LLC Registered Agent: Pertl Ranch Feeders LLC RR 20320 Mellard Rd Lucas, Ks 67648, Pertl Ranch, LLC Register Agent: William Shane Pertl 20320 Mellard Rd Lucas, Ks 67648, Outlaw Farms & Trucking LLC Registered Agent: Outlaw Trucking LLC, RR 20320 Mellard Rd Lucas, Ks 67648 by regular mail. (sz)
April 13, 2021 Opinion or Order Filing 279 ORDER finding as moot #269 Motion for Judgment. Entered by District Judge John W. Broomes on 04/13/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
April 9, 2021 Filing 278 Amended MOTION for Judgment by Third Party Plaintiff BancCentral, National Association (Attachments: #1 Exhibit 1 - Declaration of Christopher C Miles)(Miles, Christopher)
March 31, 2021 Opinion or Order Filing 277 ORDER granting Unopposed Motion of Receiver Steeplechase Advisors, LLC to Terminate the Receivership and Discharge the Receiver. The Receiver's Amended Final Report, including by reference to all prior reports, and all disbursements, fees and expenses referenced therein are APPROVED. Steeplechase Advisors, LLC and James Cullen are hereby discharged as "Receiver" and dismissed from this and any related action. The Receiver shall have no further duties, obligations or responsibilities in connection with the November 21, 2018 Agreed Order Appointing Receiver or any other order entered in this action. The Receiver is authorized, in its discretion, to destroy or transfer to Defendants Pertl Ranch, LLC, Pertl Ranch Feeders, LL, and Outlaw Farms and Trucking Co., LLC any receivership records or property in its possession, including any paper or electronically stored records. Signed by District Judge John W. Broomes on 3/31/2021. Mailed to pro se parties Outlaw Farms & Trucking LLC, Pertl Ranch Feeders LLC and Pertl Ranch, LLC at 20320 Mellard Rd. Lucas, KS 67648 by regular mail. (mam)
March 29, 2021 Filing 276 STATUS REPORT - Receiver's Amended Final Report by Steeplechase Advisors, LLC. (Whiston, Gregory)
March 29, 2021 Opinion or Order Filing 275 ORDER granting #267 Unopposed Motion to Dismiss Counts VII, VIII, and IX of BancCentral's Complaint-in-Intervention (Doc. 118). Entered by District Judge John W. Broomes on 03/29/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
March 29, 2021 Opinion or Order Filing 274 ORDER finding as moot #247 Motion for Partial Summary Judgment based on BancCentral's Notice of Waiver (Doc. 268) and representations made at today's hearing. Entered by District Judge John W. Broomes on 03/29/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
March 29, 2021 Filing 273 MINUTE ENTRY for proceedings held before District Judge John W. Broomes: MOTIONS HEARING held on 3/29/2021 re #267 Unopposed MOTION to Dismiss Counts VII, VIII and IX filed by BancCentral, National Association, and #269 MOTION for Judgment (Final Judgment) filed by BancCentral, National Association. (Court Reporter Kim Greiner.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
March 17, 2021 Filing 272 MEMORANDUM IN SUPPORT of #271 Unopposed MOTION for Order of Receiver Steeplechase Advisors LLC to Terminate the Receivership and Discharge the Receiver by Receiver Steeplechase Advisors, LLC (Attachments: #1 Exhibit A - Declaration of Cullen)(Whiston, Gregory)
March 17, 2021 Filing 271 Unopposed MOTION for Order of Receiver Steeplechase Advisors LLC to Terminate the Receivership and Discharge the Receiver by Receiver Steeplechase Advisors, LLC (Whiston, Gregory).
March 17, 2021 MOTION REFERRAL to Magistrate Judge REMOVED as to: #271 Unopposed MOTION for Order of Receiver Steeplechase Advisors LLC to Terminate the Receivership and Discharge the Receiver. The motion will be resolved by the District Judge.(amh)
March 15, 2021 Filing 270 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #267 Unopposed MOTION to Dismiss Counts VII, VIII and IX, and #269 MOTION for Judgment (Final Judgment) : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 3/29/2021 at 10:00 AM by Telephone JWB - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 4983860 before District Judge John W. Broomes. BANC CENTRAL TO PROVIDE THE COURT WITH DOCUMENTATION ESTABLISHING THE AMOUNT OF JUDGMENT, CONTRACT(S) SHOWING ENTITLEMENT TO ATTORNEY FEES, AND ATTORNEY BILLING RECORDS FOR THE REQUESTED FEES AT LEAST ONE WEEK BEFORE THE HEARING BY EMAILING THE SAME TO CHAMBERS E-MAIL.(jmr)
March 11, 2021 Filing 269 MOTION for Judgment (Final Judgment) by Third Party Plaintiff BancCentral, National Association (Attachments: #1 Exhibit Declaration of Cristopher C. Miles)(Miles, Christopher)
March 11, 2021 Filing 268 NOTICE of Waiver by BancCentral, National Association re #267 Unopposed MOTION to Dismiss Counts VII, VIII and IX (Miles, Christopher)
March 11, 2021 Filing 267 Unopposed MOTION to Dismiss Counts VII, VIII and IX by Third Party Plaintiff BancCentral, National Association (Miles, Christopher)
February 25, 2021 Opinion or Order Filing 266 ORDER granting #261 motion of Robert Hammeke and Dentons US LLP to withdraw from representing GemCap Lending I, LLC. Gemcap is ordered to retain new local counsel immediately, which counsel shall enter an appearance in this case by March 12, 2021. Signed by Magistrate Judge James P. O'Hara on 2/25/2021. (amh)
February 24, 2021 Filing 265 AFFIDAVIT of Robert A. Hammeke In Support of Dentons US LLP's Motion to Withdraw As Counsel re #261 MOTION to Withdraw as Attorney (Dentons US LLP's Motion to Withdraw As Counsel) by Plaintiff GemCap Lending I, LLC(Hammeke, Robert)
February 24, 2021 Opinion or Order Filing 264 ORDER APPROVING UNOPPOSED JOINT MOTION TO APPROVE DEED IN LIEU OF FORECLOSURE granting #263 Motion for Order. ORDERED, that proposed deed-in-lieu of foreclosure attached to the Motion as Exhibit A is hereby APPROVED; and it is further ORDERED, that the Receiver is authorized to take any additional steps and enter into any such additional documentation that is appropriate to effectuate the transfer of the Lucas Property (as defined in the Motion) to BancCentral, National Association. Signed by District Judge John W. Broomes on 2/23/2021. Mailed to pro se parties Pertl Ranch Feeders LLC Registered Agent: Pertl Ranch Feeders LLC RR 20320 Mellard Rd Lucas, Ks 67648, Pertl Ranch, LLC Register Agent: William Shane Pertl 20320 Mellard Rd Lucas, Ks 67648 and Outlaw Farms & Trucking LLC Registered Agent: Outlaw Trucking LLC, RR 20320 Mellard Rd Lucas, Ks 67648 by regular mail. (sz)
February 23, 2021 Filing 263 MOTION for Order Unopposed Joint Motion to Approve Deed in Lieu of Foreclosure by Third Party Plaintiff BancCentral, National Association (Attachments: #1 Exhibit A)(Fielding, Michael)
February 23, 2021 MOTION REFERRAL to Magistrate Judge REMOVED as to: #263 MOTION for Order Unopposed Joint Motion to Approve Deed in Lieu of Foreclosure. The motion will be resolved by the District Judge.(ss)
January 21, 2021 Opinion or Order Filing 262 ORDER regarding #261 motion to withdraw as attorney. The motion will be decided after counsel complies with the filing requirements of D. Kan. Rule 83.5.5(a)(4). Signed by Magistrate Judge James P. O'Hara on 1/21/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
January 21, 2021 Filing 261 MOTION to Withdraw as Attorney (Dentons US LLP's Motion to Withdraw As Counsel) by Plaintiff GemCap Lending I, LLC (referred to Magistrate Judge James P. O'Hara) (Hammeke, Robert)
January 19, 2021 Filing 260 NOTICE of Attorneys' Lien by GemCap Lending I, LLC (Hammeke, Robert)
September 3, 2020 Filing 259 CERTIFICATE OF SERVICE by BancCentral, National Association re #258 Reply to Response to Motion,. (Fielding, Michael)
September 3, 2020 Filing 258 REPLY TO RESPONSE TO MOTION by Third Party Plaintiff BancCentral, National Association re: #247 Motion for Partial Summary Judgment BancCentral, National Association's Reply in Support of Its Motion for Partial Summary Judgment (Fielding, Michael)
August 14, 2020 Opinion or Order Filing 257 ORDER granting #256 Motion for Extension of Time to File Reply re #247 MOTION for Partial Summary Judgment . Reply deadline 9/4/2020. Entered by District Judge John W. Broomes on 08/14/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
August 14, 2020 Filing 256 Unopposed MOTION for extension of time to Extend Summary Judgment Reply Deadline, Unopposed MOTION for Extension of Time to File Reply as to #255 Memorandum in Opposition to Motion,, ( Response deadline 8/28/2020) by Third Party Plaintiff BancCentral, National Association (Fielding, Michael)
August 14, 2020 MOTION REFERRAL to Magistrate Judge REMOVED as to: #256 Unopposed MOTION for extension of time to Extend Summary Judgment Reply DeadlineUnopposed MOTION for Extension of Time to File Reply as to #255 Memorandum in Opposition to Motion,, . The motion will be resolved by the District Judge.(amh)
August 7, 2020 Filing 255 MEMORANDUM IN OPPOSITION by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC re #247 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, Ellis Declaration, #2 Exhibit 2, May McNeil Deposition, #3 Exhibit 3, October McNeil Deposition, #4 Exhibit 4, Janky Deposition, #5 Exhibit 5, Hansen Deposition, #6 Exhibit 6, Hammeke Declaration, #7 Exhibit 7, Todd Landers Declaration, #8 Exhibit 8, Material Change Form)(Hammeke, Robert)
July 26, 2020 Opinion or Order Filing 254 ORDER granting #253 Motion for Extension of Time to File Response re #247 MOTION for Partial Summary Judgment . Response deadline 8/7/2020. Entered by District Judge John W. Broomes on 07/26/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
July 24, 2020 Filing 253 Unopposed MOTION for Extension of Time to File Response as to #248 Memorandum in Support of Motion, #247 MOTION for Partial Summary Judgment , #250 Exhibits in Support of Motion, #249 Exhibits in Support of Motion, (Unopposed Second Motion to Extend Summary Judgment Response Deadline) by Plaintiff GemCap Lending I, LLC (referred to Magistrate Judge James P. O'Hara) (Hammeke, Robert)
July 17, 2020 Opinion or Order Filing 252 ORDER granting #251 Motion for Extension of Time to File Response re #247 MOTION for Partial Summary Judgment . Response deadline 7/31/2020. Entered by District Judge John W. Broomes on 07/17/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
July 17, 2020 MOTION REFERRAL to Magistrate Judge REMOVED as to: #251 Unopposed MOTION for Extension of Time to File Response as to #248 Memorandum in Support of Motion,,,,,, #247 MOTION for Partial Summary Judgment , #250 Exhibits in Support of Motion,,, #249 Exhibits in Support of Motion,, (Uno. The motion will be resolved by the District Judge.(jc)
July 16, 2020 Filing 251 Unopposed MOTION for Extension of Time to File Response as to #248 Memorandum in Support of Motion, #247 MOTION for Partial Summary Judgment , #250 Exhibits in Support of Motion, #249 Exhibits in Support of Motion, (Unopposed Motion to Extend Summary Judgment Response Deadline) by Plaintiff GemCap Lending I, LLC (Hammeke, Robert)
June 25, 2020 Filing 250 EXHIBIT(S) IN SUPPORT of #247 MOTION for Partial Summary Judgment by Third Party Plaintiff BancCentral, National Association (Attachments: #1 Exhibit 212, #2 Exhibit 213, #3 Exhibit 214, #4 Exhibit 215, #5 Exhibit 216, #6 Exhibit 217, #7 Exhibit 218-1, #8 Exhibit 218-2, #9 Exhibit 218-3, #10 Exhibit 218-4, #11 Exhibit 218-5, #12 Exhibit 218-6, #13 Exhibit 218-7, #14 Exhibit 218-8, #15 Exhibit 218-9, #16 Exhibit 219-1, #17 Exhibit 219-2, #18 Exhibit 219-3, #19 Exhibit 219-5, #20 Exhibit 219-6, #21 Exhibit 220, #22 Exhibit 221, #23 Exhibit 222, #24 Exhibit 223, #25 Exhibit 224, #26 Exhibit 225, #27 Exhibit 226, #28 Exhibit 227, #29 Exhibit 228)(Fielding, Michael)
June 25, 2020 Filing 249 EXHIBIT(S) IN SUPPORT of #247 MOTION for Partial Summary Judgment by Third Party Plaintiff BancCentral, National Association (Attachments: #1 Exhibit 177, #2 Exhibit 179, #3 Exhibit 182, #4 Exhibit 183, #5 Exhibit 184, #6 Exhibit 185, #7 Exhibit 186, #8 Exhibit 187, #9 Exhibit 188, #10 Exhibit 189, #11 Exhibit 190, #12 Exhibit 191, #13 Exhibit 193, #14 Exhibit 194, #15 Exhibit 195, #16 Exhibit 196, #17 Exhibit 197, #18 Exhibit 198, #19 Exhibit 199, #20 Exhibit 200, #21 Exhibit 201, #22 Exhibit 203, #23 Exhibit 204, #24 Exhibit 205, #25 Exhibit 208, #26 Exhibit 209)(Fielding, Michael)
June 25, 2020 Filing 248 MEMORANDUM IN SUPPORT of #247 MOTION for Partial Summary Judgment by Third Party Plaintiff BancCentral, National Association (Attachments: #1 Exhibit 18-APA, #2 Exhibit 100-30(b)(6) Notice, #3 Exhibit 102-8/3/2017 Letter, #4 Exhibit 115-1/15/2016 PN21714, #5 Exhibit 116-1/15/2016 Commercial Loan Agreement, #6 Exhibit 117-1/15/2016 Mortgage, #7 Exhibit 119-1/15/2017 PN21718, #8 Exhibit 120-1/15/2017 Commercial Loan Agreement, #9 Exhibit 121-Security Agreement, #10 Exhibit 122-Security Agreement, #11 Exhibit 123-Security Agreement, #12 Exhibit 124-Security Agreement, #13 Exhibit 125 - Security Agreement, #14 Exhibit 126-Security Agreement, #15 Exhibit 127-Security Agreement, #16 Exhibit 129-Security Agreement, #17 Exhibit 130-1/15/2017 PN21720, #18 Exhibit 131-1/15/2017 Commercial Loan Agreement, #19 Exhibit 133-1/15/2017 PN21719, #20 Exhibit 134-1/15/2017 Commercial Loan Agreement, #21 Exhibit 136-2/22/2017 PN22982, #22 Exhibit 137-Commercial Loan Agreement, #23 Exhibit 139-5/15/2017 PN23256, #24 Exhibit 141-Commercial Loan Agreement, #25 Exhibit 142-Mortgage, #26 Exhibit 143-Lien Release, #27 Exhibit 144-UCC Termination 8/18/2017, #28 Exhibit 146-8/10/2017 Emal, #29 Exhibit 148-12/6/2017 PN23820A, #30 Exhibit 149-Commercial Loan Agreement, #31 Exhibit 153-3/14/2018 PN24032, #32 Exhibit 154-Commercial Loan Agreement, #33 Exhibit 156-Security Agreement, #34 Exhibit 157-Security Agreement, #35 Exhibit 160-Titles, #36 Exhibit 162-3/26/2018 PN24078A, #37 Exhibit 163-Commercial Loan Agreement, #38 Exhibit 174, #39 Exhibit 175)(Fielding, Michael)
June 25, 2020 Filing 247 MOTION for Partial Summary Judgment by Third Party Plaintiff BancCentral, National Association (Fielding, Michael)
June 12, 2020 Filing 246 STIPULATION re 217 Order Stipulated Facts by BancCentral, National Association. (Attachments: #1 Exhibit 18-APA, #2 Exhibit 102-8/3/17 Letter, #3 Exhibit 115-Promissory Note 21714 1/15/2016, #4 Exhibit 116-Commercial Loan Agreement 1/15/2016, #5 Exhibit 117-Mortgage 1/15/2016, #6 Exhibit 119-Promissory Note 21718 1/15/2017, #7 Exhibit 120-Commercial Loan Agreement 1/115/2017, #8 Exhibit 121-Security Agreement, #9 Exhibit 122-Security Agreement, #10 Exhibit 123-Security Agreement, #11 Exhibit 124-Security Agreement, #12 Exhibit 125-Security Agreement, #13 Exhibit 126-Security Agreement, #14 Exhibit 127-Security Agreement, #15 Exhibit 129-Security Agreement, #16 Exhibit 130-Promissory Note 21720 1/15/2017, #17 Exhibit 131-Commercial Loan Agreement 1/15/2017, #18 Exhibit 133-Promissory Note 21719 1/15/2017, #19 Exhibit 134-Commercial Loan Agreement 1/15/2017, #20 Exhibit 136-Promissory Note 22982 2/22/2017, #21 Exhibit 137-Commercial Loan Agreement, #22 Exhibit 139-Promissory Note 23256 5/15/2017, #23 Exhibit 141-Commercial Loan Agreement, #24 Exhibit 142-Mortgage, #25 Exhibit 143-Lien Release, #26 Exhibit 144-UCC Termination 8/18/2017, #27 Exhibit 146-Email 8/10/2017, #28 Exhibit 148-Promissory Note 23820SA 12/6/2017, #29 Exhibit 149-Commercial Loan Agreement, #30 Exhibit 153-Promissory Note 24032-3/14/2018, #31 Exhibit 154-Commercial Loan Agreement, #32 Exhibit 156-Security Agreement, #33 Exhibit 157-Security Agreement, #34 Exhibit 160-Titles, #35 Exhibit 162-Promissory Note 24078A 3/26/2018, #36 Exhibit 163-Commercial Loan Agreement, #37 Exhibit 174-Lien Release, #38 Exhibit 175-Lien Release, #39 Exhibit 179, #40 Exhibit 182, #41 Exhibit 183, #42 Exhibit 184, #43 Exhibit 185, #44 Exhibit 186, #45 Exhibit 187, #46 Exhibit 188, #47 Exhibit 189, #48 Exhibit 190, #49 Exhibit 191, #50 Exhibit 193, #51 Exhibit 194, #52 Exhibit 195, #53 Exhibit 196, #54 Exhibit 197, #55 Exhibit 198, #56 Exhibit 199, #57 Exhibit 200, #58 Exhibit 201, #59 Exhibit 203, #60 Exhibit 204, #61 Exhibit 205, #62 Exhibit 209, #63 Exhibit 211-Promissory Note 21718 1/15/2016, #64 Exhibit 212-Promissory Note 21719 1/15/2016, #65 Exhibit 213-Promissory Note 21720 1/15/2016, #66 Exhibit 214-Security Agreement, #67 Exhibit 215-Security Agreement, #68 Exhibit 216-Security Agreement, #69 Exhibit 217-BancCentral UCC 1/25/2016, #70 Exhibit 218-1 Loan and Security Agreement, #71 Exhibit 218-2 Loan Agreement Schedule, #72 Exhibit 218-3 Amendment No. 1, #73 Exhibit 218-4 Amendment No. 2, #74 Exhibit 218-5 Amendment No. 3, #75 Exhibit 218-6 Amendment No. 4, #76 Exhibit 218-7 Amendment No. 5, #77 Exhibit 218-8 Amendment No. 6, #78 Exhibit 218-9 Amendment No. 7, #79 Exhibit 219-1 Secured Note-revolving, #80 Exhibit 219-2 Amended Note, #81 Exhibit 219-3 Second Amended Note, #82 Exhibit 219-5 Fourth Amended Note, #83 Exhibit 219-6 Fifth Amended Note, #84 Exhibit 220-Secured Note-Term, #85 Exhibit 221-UCC 72544054, #86 Exhibit 222-Sales Procedures, #87 Exhibit 223-Pertl Auction Transcript)(Fielding, Michael)
May 29, 2020 Opinion or Order Filing 245 ORDER granting #244 fifth joint motion for extension of deadlines regarding the vehicle-lien dispute. For good cause shown, June 12, 2020, shall be the deadline for the parties to jointly file a stipulation of material facts. The parties shall file any motions for summary judgment on the lien-priority dispute by June 26, 2020. No further extensions of this deadline will be granted absent a showing of exceptional circumstances. Signed by Magistrate Judge James P. O'Hara on 5/29/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
May 29, 2020 Filing 244 MOTION for extension of time on existing deadlines by Third Party Plaintiff BancCentral, National Association, Third Party Defendant GemCap Lending I, LLC (referred to Magistrate Judge James P. O'Hara) (Fielding, Michael)
May 1, 2020 Opinion or Order Filing 243 ORDER granting #242 fourth joint motion for extension of deadlines regarding the vehicle-lien dispute. For good cause shown, May 29, 2020, shall be the deadline for the parties to jointly file a stipulation of material facts. The parties shall file any motions for summary judgment on the lien-priority dispute by June 12, 2020. Signed by Magistrate Judge James P. O'Hara on 5/1/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jc)
April 30, 2020 Filing 242 Fourth Joint Motion to Extend Existing Deadlines by Third Party Plaintiff BancCentral, National Association (referred to Magistrate Judge James P. O'Hara) (Fielding, Michael)
April 15, 2020 Opinion or Order Filing 241 ORDER granting #240 third joint motion for extension of deadlines regarding the vehicle-lien dispute. For good cause shown, April 30, 2020, shall be the deadline for the parties to jointly file a stipulation of material facts. The parties shall file any motions for summary judgment on the lien-priority dispute by May 15, 2020. Signed by Magistrate Judge James P. O'Hara on 4/15/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
April 15, 2020 Filing 240 Joint MOTION for extension of time (Third Joint Motion to Extend Existing Deadlines) by Plaintiff GemCap Lending I, LLC (referred to Magistrate Judge James P. O'Hara) (Hammeke, Robert)
March 9, 2020 Opinion or Order Filing 239 ORDER GRANTING (1) MOTION TO APPROVE RECEIVER'S FINAL REPORT; (2) MOTION TO TERMINATE THE RECEIVERSHIP; AND (3) MOTION TO RELEASE AND DISCHARGE THE RECEIVER granting #232 Motion for Order. Signed by District Judge John W. Broomes on 3/9/2020. Mailed to pro se party Pertl Ranch, LLC and Outlaw Farms & Trucking LLC by regular mail. (sz)
March 9, 2020 Opinion or Order Filing 238 ORDER GRANTING CONTERRA'S MOTION TO DISMISS WITHOUT PREJUDICE THE FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH, AND NINTH CLAIMS IN ITS COMPLAINT IN INTERVENTION granting #233 Motion to Dismiss. Signed by District Judge John W. Broomes on 3/5/2020. Mailed to pro se party Pertl Ranch, LLC and Outlaw Farms & Trucking LLC by regular mail. (sz)
February 21, 2020 NOTICE re Pro Se Mailing: Documents 236 / 237 Minute Orders Reassigning Case mailed to Outlaw Farms & Trucking LLC, Pertl Ranch Feeders LLC and Pertl Ranch, LLC on 2/21/2020 by regular mail. (mam)
February 20, 2020 Filing 237 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Broomes for all further proceedings. District Judge Holly L. Teeter no longer assigned to case. Signed by deputy clerk on 2/20/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao)
February 20, 2020 Filing 236 MINUTE ORDER REASSIGNING CASE: Case reassigned to District Judge Holly L. Teeter for all further proceedings. District Judge Carlos Murguia no longer assigned to case. Signed by deputy clerk on 2/20/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao)
February 6, 2020 Opinion or Order Filing 235 ORDER granting #234 second joint motion for extension of deadlines regarding the vehicle-lien dispute. For good cause shown, and in light of the forthcoming mediation in the related state-court action, April 15, 2020 shall be the deadline for the parties to jointly file a stipulation of material facts. The parties shall file any motions for summary judgment on the lien-priority dispute by April 30, 2020. Signed by Magistrate Judge James P. O'Hara on 2/6/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jc)
February 5, 2020 Filing 234 Joint MOTION for extension of time Second Joint Motion to Extend Existing Deadlines by Third Party Plaintiff BancCentral, National Association (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit 1)(Fielding, Michael)
February 4, 2020 Filing 233 MOTION to Dismiss Without Prejudice the Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Claims in Conterra's Complaint in Intervention for Foreclosure, for Immediate Appointment of a Senior Receiver for Four Parcels, and for Other Relief by Third Party Plaintiff Conterra Agricultural Capital, LLC (McAndrews, Patrick)
February 3, 2020 Filing 232 MOTION for Order to Approve Receiver's Final Report; to Terminate the Receivership; and to Release and Discharge the Receiver by Third Party Plaintiff Conterra Agricultural Capital, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McAndrews, Patrick)
February 3, 2020 MOTION REFERRAL to Magistrate Judge REMOVED as to: #232 MOTION for Order to Approve Receiver's Final Report; to Terminate the Receivership; and to Release and Discharge the Receiver. The motion will be resolved by the District Judge.(jc)
January 21, 2020 NOTICE Re: Pro Se Mailing. Document 231 Order on Motion for Extension of Time, mailed to Pertl Ranch Feeders LLC, Outlaw Farms & Trucking LLC and Pertl Ranch, LLC on 1/21/2020 by regular mail. (smc)
January 15, 2020 Opinion or Order Filing 231 ORDER granting #230 joint motion for extension of deadlines regarding the vehicle-lien dispute. February 14, 2020, shall be the new deadline for the parties to jointly file a stipulation of material facts, and February 28, 2020, shall be the new deadline for the parties to file any motions for summary judgment on the lien-priority dispute. Signed by Magistrate Judge James P. O'Hara on 1/15/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
January 15, 2020 Filing 230 Joint MOTION for extension of time Joint Motion to Extend Existing Deadlines by Third Party Plaintiff BancCentral, National Association (referred to Magistrate Judge James P. O'Hara) (Fielding, Michael)
December 18, 2019 Filing 229 RETURN OF SERVICE of subpoena(s) filed by Third Party Plaintiff BancCentral, National Association executed upon Frank Seidel on 12/12/2019 by Personal Service (Fielding, Michael) Modified on 12/19/2019 to correct text (ca).
December 6, 2019 Filing 228 NOTICE by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC of taking deposition of BancCentral, National Association on December 11, 2019 (Hammeke, Robert)
December 3, 2019 Filing 227 NOTICE OF CHANGE OF FIRM NAME OR ADDRESS by Robert D. Lantz (Lantz, Robert)
November 27, 2019 Opinion or Order Filing 226 MEMORANDUM AND ORDER granting #162 Motion for Partial Summary Judgment; denying as moot #197 Motion for Leave to File Amended Answer. Signed by District Judge Carlos Murguia on 11/27/2019. (ydm)
November 27, 2019 Filing 225 NOTICE OF INTENT TO ISSUE SUBPOENA by BancCentral, National Association Subpoena to be issued to: LaCrosse Livestock Market, Inc. (Attachments: #1 Exhibit Subpoena-Exhibit A)(Fielding, Michael)
November 8, 2019 Filing 224 RETURN OF SERVICE of Receiver's Notice of Sale filed by Third Party Plaintiff Conterra Agricultural Capital, LLC (McAndrews, Patrick)
October 29, 2019 Filing 223 RETURN OF SERVICE of subpoena(s) filed by Third Party Plaintiff BancCentral, National Association executed upon Farmers & Ranchers Livestock Commission Co., Inc. on 10/23/2019 by Personal Service (Attachments: #1 Subpoena)(Fielding, Michael)
October 24, 2019 Filing 222 NOTICE OF CANCELLED HEARING: STATUS CONFERENCE/COMPLIANCE HEARING regarding #189 STIPULATED ORDER, scheduled for 10/28/2019, is CANCELLED. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
October 21, 2019 Filing 221 NOTICE by Plaintiff GemCap Lending I, LLC of taking deposition of Martin McNeil on October 24, 2019 (Hammeke, Robert)
October 21, 2019 Filing 220 NOTICE by Plaintiff GemCap Lending I, LLC of taking deposition of Mona Jankey on October 24, 2019 (Hammeke, Robert)
October 21, 2019 Filing 219 NOTICE by Plaintiff GemCap Lending I, LLC of taking deposition of Banccentral National Association on October 24, 2019 (Hammeke, Robert)
October 21, 2019 Filing 218 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: STATUS CONFERENCE held on 10/21/2019. (AT&T Conference Line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
October 21, 2019 Opinion or Order Filing 217 THIRD AMENDED SCHEDULING ORDER REGARDING VEHICLE LIEN DISPUTE. The undersigned magistrate judge conducted a telephone status conference today by way of follow-up to the Second Amended Scheduling Order Regarding Vehicle Lien Dispute (ECF No. 182). BancCentral appeared through counsel, Michael D. Fielding. GemCap appeared through counsel, Robert A. Hammeke. As discussed and agreed during the conference, all discovery on these two parties' lien-priority dispute must be completed by 11/1/19. By 1/17/20, if these two parties aren't able to settle their dispute directly or though voluntary mediation, they must confer in good faith and then jointly file a stipulation of material facts, which should be as comprehensive as possible. Any motions for summary judgment on the lien-priority dispute must be filed by 1/31/20, and briefed in accordance with the timetable called for under D. Kan. Rule 6.1(d)(2). Signed by Magistrate Judge James P. O'Hara on 10/21/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(O'Hara, James)
October 18, 2019 Filing 216 REPLY TO RESPONSE TO MOTION by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC re: #197 MOTION for Order Granting GemCap Leave to File Amended Answer (Hammeke, Robert)
October 18, 2019 Set/Reset Hearings: Scheduling Conference set for 10/21/2019 at 09:00 AM by Telephone JPO - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 8914911 before Magistrate Judge James P. O'Hara.(ydm)
October 15, 2019 Filing 215 NOTICE OF INTENT TO ISSUE SUBPOENA by BancCentral, National Association Subpoena to be issued to: Farmers & Ranchers Livestock Commission Co., Inc. (Attachments: #1 Subpoena, #2 Exhibit A to Subpoena)(Fielding, Michael)
October 15, 2019 Filing 214 NOTICE OF INTENT TO ISSUE SUBPOENA by William Shane Pertl Subpoena to be issued to: Russell County Sheriff Second Amended (Attachments: #1 Amended Dist. of Kansas Subpoena Duces Tecum for Russell Cty Sheriff, #2 Exhibit A to Subpoena Duces Tecum for Receiver's Employees- Russell County Sheriff)(Lantz, Robert)
October 15, 2019 Filing 213 NOTICE OF INTENT TO ISSUE SUBPOENA by William Shane Pertl Subpoena to be issued to: Sheriff of Russell County, Kansas Amended (Attachments: #1 Amended Dist. of Kansas Subpoena Duces Tecum for Russell Cty Sheriff, #2 Exhibit A to Subpoena Duces Tecum for Receiver's Employees- Russell County Sheriff)(Lantz, Robert)
October 11, 2019 Filing 212 NOTICE of Withdrawal of Service of Subpoena Duces Tecum Upon the Sheriff of Russell County, Kansas by Outlaw Farms & Trucking LLC, Pertl Ranch Feeders LLC, Pertl Ranch, LLC re #209 Notice of Intent to Issue Subpoena, (Lantz, Robert)
October 10, 2019 Opinion or Order Filing 211 ORDER granting #208 Motion for Confirm Receiver's Sale. Signed by District Judge Carlos Murguia on 10/9/2019. (ydm)
October 9, 2019 Filing 210 NOTICE OF INTENT TO ISSUE SUBPOENA by William Shane Pertl. Subpoena to be issued to: Russell County Sheriff. (Attachments: #1 District of Kansas Subpoena Duces Tecum for Russell Cty Sheriff, #2 Exhibit A to Subpoena Duces Tecum for Receiver's Employees- Russell County Sheriff)(Lantz, Robert)
October 9, 2019 Filing 209 NOTICE OF INTENT TO ISSUE SUBPOENA by Outlaw Farms & Trucking, LLC, Pertl Ranch Feeders, LLC, Pertl Ranch, LLC. Subpoena to be issued to: Sheriff of Russell County, Kansas. (Attachments: #1 District of Kansas Subpoena Duces Tecum for Russell Cty Sheriff, #2 Exhibit A to Subpoena Duces Tecum for Receiver's Employees- Russell County Sheriff)(Lantz, Robert)
October 8, 2019 Filing 208 MOTION for Order to Confirm Receiver's Sale by Third Party Plaintiff Conterra Agricultural Capital, LLC (Attachments: #1 Exhibit 1 Return of Sale, #2 Exhibit 2 Order Confirming Sale)(McAndrews, Patrick)
October 8, 2019 Filing 207 NOTICE of Receiver's Certificate of Purchase by Conterra Agricultural Capital, LLC re #206 Notice (Other) (McAndrews, Patrick)
October 8, 2019 Filing 206 NOTICE of Receiver's Return of Sale by Conterra Agricultural Capital, LLC (Attachments: #1 Exhibit 1 Affidavit of Publication)(McAndrews, Patrick)
October 8, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #208 MOTION for Order to Confirm Receiver's Sale. The motion will be resolved by the District Judge.(ss)
October 7, 2019 Opinion or Order Filing 205 ORDER granting #202 Motion for Leave to File. GemCap Lending I, LLC may file a surreply, but this ruling should not be considered a determinative ruling on whether the arguments raised in the surreply (or the reply) are properly before the court. When the court considers BancCentral, National Association's motion for partial summary judgment, the court will disregard any arguments in either the reply memorandum or in the surreply that are not properly before the court. Signed by District Judge Carlos Murguia on 10/7/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct)
October 7, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #197 MOTION for Order Granting GemCap Leave to File Amended Answer. The motion will be resolved by the District Judge.(amh)
October 4, 2019 Filing 204 RESPONSE by Third Party Plaintiff BancCentral, National Association re #197 MOTION for Order Granting GemCap Leave to File Amended Answer Banccentral National Association's Response in Opposition to Gemcap Lending I, LLC's Motion to Amend Its Answer (Miles, Christopher)
October 3, 2019 Opinion or Order Filing 203 ORDER granting #184 Motion for an Additional Judgment Against Pertl Ranch, LLC for Reimbursables for the Period of October, 2018 through July, 2019. Signed by District Judge Carlos Murguia on 10/3/2019. Review order for additional details. (ydm)
October 2, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #202 MOTION for Leave to file Sur-Reply in Opposition to Banccentral, National Association's Motion for Partial Summary Judgment . The motion will be resolved by the District Judge.(ss)
October 1, 2019 Filing 202 MOTION for Leave to file Sur-Reply in Opposition to Banccentral, National Association's Motion for Partial Summary Judgment by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC (Attachments: #1 Exhibit 1)(Hammeke, Robert)
September 30, 2019 Filing 201 NOTICE by Third Party Plaintiff BancCentral, National Association of taking deposition of David Ellis on 10/10/2019 (Fielding, Michael)
September 30, 2019 Filing 200 NOTICE by Third Party Plaintiff BancCentral, National Association of taking deposition of Richard Ellis on 10/10/2019 (Fielding, Michael)
September 30, 2019 Filing 199 NOTICE by Third Party Plaintiff BancCentral, National Association of taking deposition of GemCap Lending I, LLC on 10/10/2019 (Fielding, Michael)
September 27, 2019 Filing 198 NOTICE OF SERVICE by Conterra Agricultural Capital, LLC of Notice of Sale by Publication (McAndrews, Patrick)
September 20, 2019 Filing 197 MOTION for Order Granting GemCap Leave to File Amended Answer by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC. (Attachments: #1 Exhibit 1)(Hammeke, Robert)
September 20, 2019 Filing 196 RETURN OF SERVICE of Receiver's Notice of Sale filed by Third Party Plaintiff Conterra Agricultural Capital, LLC (McAndrews, Patrick)
September 17, 2019 Filing 195 REPLY TO RESPONSE TO MOTION #162 Motion for Partial Summary Judgment by Third Party Plaintiff BancCentral, National Association. (Attachments: #1 Exhibit 1)(Fielding, Michael) Modified to correct title (incorrect event used) and link to motion on 9/18/2019 (hw).
September 12, 2019 Filing 194 REPLY TO RESPONSE TO MOTION (Compliance Report) by Defendant Pertl Ranch Feeders LLC re: #145 MOTION for Order to Show Cause Why William Shane Pertl Should Not be Held in Contempt and for Instructions (Attachments: #1 Exhibit A_Pertl Ranch Website)(Lantz, Robert) (Modified on 9/13/2019 to correct title. (heo))
September 12, 2019 Filing 193 RETURN OF SERVICE of Notice of Sale filed by Third Party Defendant Conterra Agricultural Capital, LLC (McAndrews, Patrick)
September 12, 2019 Opinion or Order Filing 192 ORDER granting #183 GEMCAP LENDING I, LLC'S THIRD CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO INTERVENOR/THIRD-PARTY PLAINTIFF BANCCENTRAL, N.A.'S #162 MOTION FOR PARTIAL SUMMARY JUDGMENT. RESPONSE deadline is extended to 9/13/2019. Signed by District Judge Carlos Murguia on 9/12/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
September 11, 2019 Filing 191 RETURN OF SERVICE of Notice of Sale filed by Third Party Defendant Conterra Agricultural Capital, LLC (McAndrews, Patrick)
September 6, 2019 Filing 190 NOTICE OF STATUS CONFERENCE/COMPLIANCE HEARING regarding #189 STIPULATED ORDER **THIS IS AN OFFICIAL NOTICE FOR THIS HEARING** STATUS CONFERENCE/COMPLIANCE HEARING set for 10/28/2019 at 01:00 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. Should the defendant be in compliance with agreements as set forth in the #189 STIPULATED ORDER, the Receiver shall notify the court and this hearing will be cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
September 6, 2019 Opinion or Order Filing 189 STIPULATED ORDER REGARDING RECEIVER'S MOTION FOR ORDER TO SHOW CAUSE WHY SHANE PERTL AND MINDY MONTGOMERY SHOULD NOT BE HELD IN CONTEMPT. Signed by District Judge Carlos Murguia on 9/6/19. (hw)
September 4, 2019 Filing 188 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: SHOW CAUSE HEARING held on 9/4/2019. See Minute Sheet for details. Court directs counsel to consult with one another and court staff to schedule compliance hearing. (Court Reporter Nancy Wiss.) (jsh)
September 3, 2019 Filing 187 MEMORANDUM IN OPPOSITION by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC re #162 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit A to Exhibit 1, #3 Exhibit B to Exhibit 1, #4 Exhibit C to Exhibit 1, #5 Exhibit D to Exhibit 1, #6 Exhibit E to Exhibit 1, #7 Exhibit F to Exhibit 1, #8 Exhibit G to Exhibit 1, #9 Exhibit H to Exhibit 1, #10 Exhibit I to Exhibit 1, #11 Exhibit J to Exhibit 1, #12 Exhibit K to Exhibit 1, #13 Exhibit L to Exhibit 1, #14 Exhibit M to Exhibit 1, #15 Exhibit 2, #16 Ex. 2 to Exhibit 2, #17 Ex. 10 to Exhibit 2, #18 Ex. 13 to Exhibit 2, #19 Ex. 14 to Exhibit 2, #20 Ex. 15 to Exhibit 2, #21 Ex. 16 to Exhibit 2, #22 Ex. 17 to Exhibit 2, #23 Ex. 18 to Exhibit 2, #24 Ex. 19 to Exhibit 2, #25 Ex. 20 to Exhibit 2, #26 Ex. 21 to Exhibit 2, #27 Ex. 22 to Exhibit 2, #28 Ex. 23 to Exhibit 2, #29 Ex. 25 to Exhibit 2, #30 Ex. 26 to Exhibit 2, #31 Ex. 27 to Exhibit 2, #32 Ex. 29 to Exhibit 2, #33 Ex. 30 to Exhibit 2, #34 Ex. 31 to Exhibit 2, #35 Ex. 33 to Exhibit 2, #36 Ex. 36 to Exhibit 2, #37 Ex. 37 to Exhibit 2, #38 Ex. 38 to Exhibit 2, #39 Ex. 40 to Exhibit 2, #40 Ex. 46 to Exhibit 2, #41 Ex.)(Hammeke, Robert)
September 3, 2019 Filing 186 OBJECTION(S) to #180 Notice of Service, by Pertl Ranch Feeders LLC. (Attachments: #1 Exhibit A- Affidavit of William Shane Pertl, #2 Exhibit B- Order Dismissing Case, #3 Exhibit C- California Courts Order, #4 Exhibit D- Letter from Doctor)(Lantz, Robert)
September 3, 2019 Filing 185 NOTICE of Sale by Conterra Agricultural Capital, LLC Receiver's Notice of Sale (McAndrews, Patrick)
August 30, 2019 Filing 184 MOTION for Judgment Against Pertl Ranch, LLC's Motion for Reimbursables for the Period of October, 2018 through July, 2019 by Third Party Plaintiff Conterra Agricultural Capital, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(McAndrews, Patrick)
August 30, 2019 Filing 183 Third MOTION for Extension of Time to File Response as to #163 Memorandum in Support of Motion, #162 MOTION for Partial Summary Judgment Consent Motion by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC (Hammeke, Robert)
August 30, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #183 Third MOTION for Extension of Time to File Response as to #163 Memorandum in Support of Motion,,, #162 MOTION for Partial Summary Judgment Consent Motion. The motion will be resolved by the District Judge.(ss)
August 27, 2019 Opinion or Order Filing 182 SECOND AMENDED STIPULATED SCHEDULING ORDER REGARDING VEHICLE LIEN PRIORITY DISPUTE: IT IS, THEREFORE, BY THE COURT ORDERED that all documents previously requested by BancCentral must be produced by GemCap by September 4, 2019 and all depositions must be completed by October 18, 2019.Scheduling Conference set for 10/21/2019 at 09:00 AM by Telephone JPO - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 8914911 before Magistrate Judge James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 8/27/2019. (ydm) (Modified on 8/28/2019 to correct title of order in docket text. (heo))
August 27, 2019 Filing 181 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: STATUS CONFERENCE/SCHEDULING CONFERENCE held on 8/27/2019. (AT&T conference line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
August 21, 2019 Filing 180 NOTICE OF SERVICE by Steeplechase Advisors, LLC of Subpoena on Mindy Montgomery and Second Supplemental Suggestions in Support of Motion for Order to Show Cause (Attachments: #1 Exhibit A - Subpoena on Mindy Montgomery)(Whiston, Gregory)
August 19, 2019 Opinion or Order Filing 179 ORDER granting #178 Motion for Extension of Time to File Response/Reply re #162 MOTION for Partial Summary Judgment Response deadline 8/30/2019. Signed by District Judge Carlos Murguia on 8/19/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct)
August 19, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #178 Consent MOTION for Extension of Time to File To Banccentral, N.A.'s Motion for Partial Summary Judgment as to #162 MOTION for Partial Summary Judgment (Second). The motion will be resolved by the District Judge.(ss)
August 16, 2019 Filing 178 Consent MOTION for Extension of Time to File To Banccentral, N.A.'s Motion for Partial Summary Judgment as to #162 MOTION for Partial Summary Judgment (Second) by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC (Hammeke, Robert)
August 12, 2019 Opinion or Order Filing 177 ORDER granting #176 Motion for Extension of Time to File Response/Reply re #162 MOTION for Partial Summary Judgment Response deadline 8/16/2019. Signed by District Judge Carlos Murguia on 8/12/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct)
August 9, 2019 Filing 176 Consent MOTION for Extension of Time to File Response as to #162 MOTION for Partial Summary Judgment by Plaintiff GemCap Lending I, LLC, Third Party Defendant GemCap Lending I, LLC (referred to Magistrate Judge James P. O'Hara) (Hammeke, Robert)
August 9, 2019 Opinion or Order Filing 175 ORDER granting #145 RECEIVER STEEPLECHASE ADVISORS, LLC'S MOTION FOR ORDER TO SHOW CAUSE WHY WILLIAM SHANE PERTL SHOULD NOT BE HELD IN CONTEMPT AND FOR INSTRUCTIONS. SHOW CAUSE HEARING set for 9/4/2019 at 11:00 AM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. Defendant Shane Pertl shall appear at this hearing to determine whether he should be found in contempt of court orders and whether the court should issue instructed as requested in the Receiver's motion. Signed by District Judge Carlos Murguia on 8/7/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
August 4, 2019 Filing 174 CLERKS ENTRY OF DEFAULT against MINDY J. MONTGOMERY as to Conterra Agricultural Capital, LLC (jsh)
August 4, 2019 Filing 173 CLERKS ENTRY OF DEFAULT against WILLIAM SHANE PERTL as to Conterra Agricultural Capital, LLC (jsh)
August 4, 2019 Filing 172 CLERKS ENTRY OF DEFAULT against OUTLAW FARMS & TRUCKING as to Conterra Agricultural Capital, LLC (jsh)
August 1, 2019 Filing 171 MEMORANDUM IN SUPPORT of #145 MOTION for Order to Show Cause Why William Shane Pertl Should Not be Held in Contempt and for Instructions (Supplemental Suggestions in Support) by Receiver Steeplechase Advisors, LLC (Attachments: #1 Exhibit A - Declaration of Greg Whiston, #2 Exhibit B - Declaration of James Cullen)(Whiston, Gregory)
July 31, 2019 Opinion or Order Filing 170 ORDER granting #168 Motion To Approve Notice Of Sale. IT IS FURTHER ORDERED THAT the property described in the Foreclosure Decree (the "Property") shall be sold at the Lincoln County courthouse. Publication shall be made four times in the Lincoln Sentinel-Republican. Signed by District Judge Carlos Murguia on 7/31/2019. See order for additional details. (ydm)
July 31, 2019 Filing 169 EXHIBIT(S) IN SUPPORT of #168 MOTION for Order of Sale by Third Party Plaintiff Conterra Agricultural Capital, LLC (McAndrews, Patrick)
July 30, 2019 Filing 168 MOTION for Order of Sale by Third Party Plaintiff Conterra Agricultural Capital, LLC (McAndrews, Patrick)
July 30, 2019 Opinion or Order Filing 167 ORDER granting #98 Motion for Partial Summary Judgment Against Defendants Pertl Ranch, LLC; GemCap Lending I, LLC; Steeplechase Advisors, LLC;and James Cullen. Signed by District Judge Carlos Murguia on 7/30/2019. (ydm)
July 26, 2019 NOTICE Re: Pro Se Mailing. Document #166 Amended Stipulated Scheduling Order mailed to Outlaw Farms & Trucking LLC on 7/26/2019 by regular mail. (ydm)
July 25, 2019 Opinion or Order Filing 166 AMENDED STIPULATED SCHEDULING ORDER: IT IS, THEREFORE, BY THE COURT ORDERED that the proposed deadline to complete depositions is extended by 30 days to August 23, 2019. Status Conference set for 8/27/2018 at 09:00 AM by Telephone JPO - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 8914911 before Magistrate Judge James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 7/24/2019. (ydm)
July 25, 2019 NOTICE Re: Pro Se Mailing. Document #166 Amended Stipulated Scheduling Order mailed to Pertl Ranch, LLC. and Pertl Ranch Feeders LLC on 7/25/2019 by regular mail. (ydm)
July 24, 2019 Filing 165 CERTIFICATE OF SERVICE of Notice of Service of Subpoena upon Bucklin Tractor & Implement Company by Steeplechase Advisors, LLC (Whiston, Gregory)
July 15, 2019 Filing 164 NOTICE OF SERVICE by Steeplechase Advisors, LLC of Subpoena Upon Carrico Implement Co. Inc. (Whiston, Gregory)
July 11, 2019 Filing 163 MEMORANDUM IN SUPPORT of #162 MOTION for Partial Summary Judgment by Third Party Plaintiff BancCentral, National Association (Attachments: #1 Exhibit A - McNeil Declaration, #2 Exhibit 1 - Promissory Note, #3 Exhibit 2 - Commercial Loan Agreement, #4 Exhibit 3 - Promissory Note and Security Agreement, #5 Exhibit 4 - Commercial Loan Agreement, #6 Exhibit 5 - Promissory Note, #7 Exhibit 6 - Commercial Loan Agreement, #8 Exhibit 7 - Security Agreement, #9 Exhibit 8 - Security Agreement, #10 Exhibit 9 - Mortgage, #11 Exhibit 10 - Promissory Note and Security Agreement, #12 Exhibit 11 - Commercial Loan Agreement, #13 Exhibit 12 - Montgomery 12.6.17 Guaranty, #14 Exhibit 13 - Montgomery 3.24.18 Guaranty, #15 Exhibit 14 - Pertl Ranch Feeders 3.14.18 Guaranty)(Fielding, Michael)
July 11, 2019 Filing 162 MOTION for Partial Summary Judgment by Third Party Plaintiff BancCentral, National Association (Fielding, Michael)
June 24, 2019 Filing 161 CERTIFICATE OF SERVICE of Receivers Answers to First Requests for Admission, First Set of Interrogatories and Request for Production of Documents from BancCentral, National Association by Steeplechase Advisors, LLC. (Whiston, Gregory)
June 24, 2019 Filing 160 CERTIFICATE OF SERVICE of Certificate of Service of BancCentral, National Associations Objections and Responses to GemCap Lending I, LLCs First Set of Interrogatories and First Set of Requests for Production of Documents by BancCentral, National Association. (Fielding, Michael)
June 21, 2019 Filing 159 CERTIFICATE OF SERVICE of Responses to discovery by GemCap Lending I, LLC. (Hammeke, Robert)
June 17, 2019 Filing 158 MEMORANDUM IN SUPPORT of #145 MOTION for Order to Show Cause Why William Shane Pertl Should Not be Held in Contempt and for Instructions (Reply Memorandum in Support) by Receiver Steeplechase Advisors, LLC (Attachments: #1 Exhibit Declaration of Joseph J. Cassioppi)(Whiston, Gregory)
June 13, 2019 Filing 157 APPLICATION FOR CLERKS ENTRY OF DEFAULT (Outlaw Farms & Trucking, LLC) by Conterra Agricultural Capital, LLC. (Attachments: #1 Exhibit 1)(McAndrews, Patrick)
June 13, 2019 Filing 156 APPLICATION FOR CLERKS ENTRY OF DEFAULT (William Shane Pertl) by Conterra Agricultural Capital, LLC. (Attachments: #1 Exhibit 1)(McAndrews, Patrick)
June 13, 2019 Filing 155 APPLICATION FOR CLERKS ENTRY OF DEFAULT (Mindy J. Montgomery) by Conterra Agricultural Capital, LLC. (Attachments: #1 Exhibit 1)(McAndrews, Patrick)
June 5, 2019 Opinion or Order Filing 154 STIPULATED SCHEDULING ORDER REGARDING VEHICLE LIEN PRIORITY DISPUTE. Telephone Conference set for 7/26/2019 at 09:00 AM by Telephone JPO - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 8914911 before Magistrate Judge James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 6/5/2019. Mailed to pro se parties by regular mail. (amh)
June 4, 2019 Filing 153 Affidavit in Support of Memorandum in Support of Objection by Third Party Defendant William Shane Pertl (referred to Magistrate Judge James P. O'Hara) (Lantz, Robert) Modified to edit docket entry text on 6/4/2019. Counsel used incorrect event code. (ydm)
June 3, 2019 Filing 152 MEMORANDUM IN OPPOSITION by Third Party Defendant William Shane Pertl re #145 MOTION for Order to Show Cause Why William Shane Pertl Should Not be Held in Contempt and for Instructions (Lantz, Robert)
June 3, 2019 Filing 151 ENTRY OF APPEARANCE by Robert D. Lantz on behalf of William Shane Pertl. (Lantz, Robert)
May 28, 2019 Filing 150 STATUS REPORT (Receiver's Financial Report) by Steeplechase Advisors, LLC. (Whiston, Gregory)
May 24, 2019 Filing 149 CERTIFICATE OF SERVICE of First Discovery Requests to BancCentral, National Association by GemCap Lending I, LLC. (Hammeke, Robert)
May 24, 2019 Filing 148 CERTIFICATE OF SERVICE of Discovery Requests and Exhibits by BancCentral, National Association. (Fielding, Michael)
May 23, 2019 Filing 147 RESPONSE by Third Party Plaintiff BancCentral, National Association re #145 MOTION for Order to Show Cause Why William Shane Pertl Should Not be Held in Contempt and for Instructions BancCentral, National Association's Limited Objection (Attachments: #1 Exhibit 10, #2 Exhibit 39, #3 Exhibit 41, #4 Exhibit 42, #5 Exhibit 51)(Fielding, Michael)
May 20, 2019 Filing 146 MEMORANDUM IN SUPPORT of #145 MOTION for Order to Show Cause Why William Shane Pertl Should Not be Held in Contempt and for Instructions by Receiver Steeplechase Advisors, LLC (Attachments: #1 Exhibit Declaration of James H. Cullen, #2 Exhibit Declaration of Bobby Rhodes)(Whiston, Gregory)
May 20, 2019 Filing 145 MOTION for Order to Show Cause Why William Shane Pertl Should Not be Held in Contempt and for Instructions by Receiver Steeplechase Advisors, LLC (Whiston, Gregory)
May 20, 2019 Opinion or Order Filing 144 ORDER regarding #143 notice of withdrawing entry of appearance. Although the docket should still reflect Mr. Smith entered his appearance for the John Deere entities, his request to stop ECF noticing is granted. The clerk is directed to remove Mr. Smith from ECF noticing in this case. Signed by Magistrate Judge James P. O'Hara on 5/20/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
May 20, 2019 Filing 143 MOTION to Withdraw #53 Entry of Appearance by Interested Parties Deere & Company, Deere Credit, Inc, John Deere Financial, f.s.b. (referred to Magistrate Judge James P. O'Hara) (Smith, Wesley)
May 20, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #145 MOTION for Order to Show Cause Why William Shane Pertl Should Not be Held in Contempt and for Instructions. The motion will be resolved by the District Judge.(amh)
May 16, 2019 Filing 142 STATUS REPORT JOINT by GemCap Lending I, LLC. (Hammeke, Robert)
May 10, 2019 Filing 141 SUMMONS RETURNED EXECUTED -- Personal Service by Conterra Agricultural Capital, LLC upon Outlaw Farms & Trucking LLC served on 5/5/2019, answer due 5/28/2019 (Hiatt, Thomas) Modified date served and answer date on 5/13/2019 (hw).
May 6, 2019 Filing 140 CERTIFICATE OF SERVICE of 1st Request for Production of Documents to Gemcap Lending I, LLC by BancCentral, National Association. (Fielding, Michael)
May 1, 2019 Filing 139 SUMMONS RETURNED EXECUTED -- Personal Service by Conterra Agricultural Capital, LLC upon William Shane Pertl served on 3/31/2019, answer due 4/22/2019 (McAndrews, Patrick)
May 1, 2019 Filing 138 SUMMONS RETURNED EXECUTED -- Personal Service by Conterra Agricultural Capital, LLC upon Mindy J. Montgomery served on 3/31/2019, answer due 4/22/2019 (McAndrews, Patrick)
April 26, 2019 Filing 137 ANSWER to #118 Intervenor Complaint,,,, In Intervention for Monetary and Declaratory Judgment and Foreclosure of Real Property by GemCap Lending I, LLC.(Hammeke, Robert)
April 23, 2019 Opinion or Order Filing 136 ORDER granting #135 unopposed motion for extension of time until April 26, 2019, for plaintiff GemCap Lending to answer or otherwise respond to the intervenor complaint filed by BancCentral (ECF No. 118). Signed by Magistrate Judge James P. O'Hara on 4/23/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
April 22, 2019 Filing 135 Unopposed MOTION for Extension of Time to File Answer re #118 Intervenor Complaint,,,, by Plaintiff GemCap Lending I, LLC (referred to Magistrate Judge James P. O'Hara) (Hammeke, Robert)
April 19, 2019 Opinion or Order Filing 134 ORDER- The Stipulation between BancCentral and Conterra is hereby Approved. Signed by District Judge Carlos Murguia on 4/19/2019. See Order for additional details. (ydm)
April 17, 2019 Opinion or Order Filing 133 AGREED ORDER granting #128 Unopposed Motion to Modify the Receivership Stay. Signed by District Judge Carlos Murguia on 4/17/2019. (ydm)
April 17, 2019 Filing 132 ANSWER to #118 Intervenor Complaint. Complaint in Intervention for Monetary and Declaratory Judgment and Foreclosure of Real Property by Steeplechase Advisors, LLC.(Whiston, Gregory)
April 11, 2019 Filing 131 REPLY TO RESPONSE TO MOTION by Third Party Plaintiff Conterra Agricultural Capital, LLC re: #98 MOTION for Partial Summary Judgment Against Defendants Pertl Ranch, LLC; GEMCAP Lending I, LLC; Steeplechase Advisors, LLC; and James Cullen (McAndrews, Patrick)
April 11, 2019 Filing 130 NOTICE OF LIS PENDENS by BancCentral, National Association (Attachments: #1 Exhibit A-Recorded Lis Pendens)(Fielding, Michael)
April 11, 2019 Filing 129 MEMORANDUM IN SUPPORT of #128 Unopposed MOTION to Modify the Receivership Stay by Interested Party Belt Leasing, LLC(Frobisher, Kelsey)
April 11, 2019 Filing 128 Unopposed MOTION to Modify the Receivership Stay by Interested Party Belt Leasing, LLC (Frobisher, Kelsey)
April 11, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #128 Unopposed MOTION to Modify the Receivership Stay. The motion will be resolved by the District Judge.(jc)
April 5, 2019 Filing 127 SUMMONS RETURNED EXECUTED -- Personal Service by BancCentral, National Association upon Banner Administration Company, Inc. served on 4/5/2019, answer due 4/26/2019 (Fielding, Michael)
April 4, 2019 Filing 126 SUMMONS RETURNED EXECUTED -- via Federal Express by BancCentral, National Association upon Mindy J. Montgomery served on 4/3/2019, answer due 4/24/2019 (Attachments: #1 Lazzo Delivery Receipt, #2 Montgomery Delivery Receipt)(Fielding, Michael)
April 1, 2019 Filing 125 RESPONSE by Plaintiff GemCap Lending I, LLC re #98 MOTION for Partial Summary Judgment Against Defendants Pertl Ranch, LLC; GEMCAP Lending I, LLC; Steeplechase Advisors, LLC; and James Cullen (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hammeke, Robert)
April 1, 2019 Filing 124 SUMMONS RETURNED EXECUTED -- Personal Service by BancCentral, National Association upon GemCap Lending I, LLC served on 4/1/2019, answer due 4/22/2019 (Fielding, Michael)
March 29, 2019 Filing 123 SUMMONS RETURNED EXECUTED -- Personal Service by BancCentral, National Association upon Conterra Agricultural Capital, LLC served on 3/28/2019, answer due 4/18/2019 (Fielding, Michael)
March 29, 2019 Filing 122 SUMMONS RETURNED EXECUTED -- Personal Service by BancCentral, National Association upon Pertl Ranch, LLC served on 3/28/2019, answer due 4/18/2019 (Fielding, Michael)
March 29, 2019 Filing 121 SUMMONS RETURNED EXECUTED -- Personal Service by BancCentral, National Association upon Pertl Ranch Feeders LLC served on 3/28/2019, answer due 4/18/2019 (Fielding, Michael)
March 29, 2019 Filing 120 SUMMONS RETURNED EXECUTED -- Personal Service by BancCentral, National Association upon Steeplechase Advisors, LLC served on 3/29/2019, answer due 4/19/2019 (Fielding, Michael)
March 28, 2019 Opinion or Order Filing 119 ORDER granting #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens. See order for additional information. Signed by District Judge Carlos Murguia on 3/28/2019. (ydm) (Additional attachment(s) added on 3/28/2019: #1 Exhibit 3 - Property Dispute Bond) (jsh).
March 28, 2019 Filing 118 INTERVENOR COMPLAINT Complaint in Intervention for Monetary and Declaratory Judgment and Foreclosure of Real Property, filed by BancCentral, National Association. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48)(Fielding, Michael)
March 28, 2019 SUMMONS ISSUED as to Banner Administration Company, Inc., Conterra Agricultural Capital, LLC, GemCap Lending I, LLC, Mindy J. Montgomery, Pertl Ranch Feeders LLC, Pertl Ranch, LLC, Steeplechase Advisors, LLC. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
March 27, 2019 Opinion or Order Filing 117 ORDER granting #100 MOTION for Leave to file Complaint. See order for additional information. Signed by District Judge Carlos Murguia on 3/27/2019. (ydm)
March 26, 2019 Opinion or Order Filing 116 ORDER granting Plaintiff #114 GEMCAP LENDING I, LLC'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO CONTERRA CAPITAL,LLC'S #98 MOTION FOR PARTIAL SUMMARY JUDGMENT. Plaintiff's Response deadline is extended to 4/1/2019. Signed by District Judge Carlos Murguia on 3/26/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
March 26, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #114 Unopposed MOTION for Extension of Time to File Response as to #98 MOTION for Partial Summary Judgment Against Defendants Pertl Ranch, LLC; GEMCAP Lending I, LLC; Steeplechase Advisors, LLC; and James Cullen . The motion will be resolved by the District Judge.(ss)
March 25, 2019 Filing 114 Unopposed MOTION for Extension of Time to File Response as to #98 MOTION for Partial Summary Judgment Against Defendants Pertl Ranch, LLC; GEMCAP Lending I, LLC; Steeplechase Advisors, LLC; and James Cullen by Plaintiff GemCap Lending I, LLC (Hammeke, Robert)
March 20, 2019 Filing 115 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: MOTION HEARING held on 3/20/2019 regarding #94 MRECEIVER STEEPLECHASE ADVISORS, LLC'S MOTION TO APPROVE PROPOSED SALE OF FEED LOT ASSETS, FREE AND CLEAR OF ANY LIENS. Court approves order of sale as proposed. Receiver to prepare proposed order and send to Court for its review and filing. (Court Reporter Nancy Wiss.) (jsh)
March 20, 2019 Filing 113 NOTICE of Memorandum to Court With Copy of Priority Dispute Bond by GemCap Lending I, LLC re #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens (Attachments: #1 Exhibit Exhibit 1)(Hammeke, Robert)
March 20, 2019 Opinion or Order Filing 112 ORDER CANCELLING SCHEDULING CONFERENCE. Based on plaintiff's informal request, to which all parties agree, the scheduling conference set for March 25, 2019, is cancelled. The court finds it prudent to postpone the conference to allow the three corporate defendants time to engage a new attorney (the court reminds these defendants that they may not proceed pro se), to allow the contested receiver sale motion to be heard (see ECF No. 101) and action taken following the hearing, and for the various parties of record to determine what other, if any, claims should also be adjudicated in this lawsuit. The parties are directed to confer and file a joint status report by no later than May 16, 2019. Copies of this order are being mailed to the three, unrepresented, corporate defendants. Signed by Magistrate Judge James P. O'Hara on 3/20/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(amh)
March 18, 2019 Filing 111 MEMORANDUM IN SUPPORT of #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens and Memorandum in Response to BancCentral National Association's Objection to the Sale of Motion (Doc No. 103) by Plaintiff GemCap Lending I, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hammeke, Robert)
March 18, 2019 Filing 110 WITHDRAWAL OF COUNSEL by Sharon L. Stolte and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by Robert A. Hammeke on behalf of GemCap Lending I, LLC (Hammeke, Robert)
March 18, 2019 Opinion or Order Filing 109 ORDER granting #108 motion for Jonathan W. Davis and Van Osdol, PC, to withdraw as counsel for defendants Pertl Ranch, LLC; Pertl Ranch Feeders, LLC; and Outlaw Farms & Trucking, LLC. The court finds D. Kan. Rule 83.5.5(a) has been satisfied. Signed by Magistrate Judge James P. O'Hara on 3/18/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
March 18, 2019 Filing 108 MOTION to Withdraw as Attorney by Defendants Outlaw Farms & Trucking LLC, Pertl Ranch Feeders LLC, Pertl Ranch, LLC (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit of Jonathan Davis)(Davis, Jonathan)
March 18, 2019 NOTICE Re Pro Se Mailing. Document 109 Order to Withdraw as Attorney, mailed to Pertl Ranch, LLC., Pertl Ranch Feeders, LLC., and Outlaw Farms & Trucking, LLC. on 3/18/2019 by regular mail. (ydm)
March 15, 2019 Filing 107 REPLY TO RESPONSE TO MOTION re #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens (Receiver Steeplechase Advisors' Reply in Support) by Receiver Steeplechase Advisors, LLC. (Attachments: #1 Affidavit Declaration of James H. Cullen)(Whiston, Gregory) (Modified on 3/18/2019 to correct title and linked document. (heo))
March 15, 2019 Filing 106 STATUS REPORT (Receiver's Financial Report) by Steeplechase Advisors, LLC. (Whiston, Gregory)
March 12, 2019 Filing 105 ENTRY OF APPEARANCE by Mark J. Lazzo on behalf of William Shane Pertl (Lazzo, Mark)
March 6, 2019 Filing 104 RESPONSE by Interested Party Belt Leasing, LLC re #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens (Frobisher, Kelsey)
March 6, 2019 Filing 103 OBJECTION(S) to #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens by BancCentral, National Association. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48)(Fielding, Michael)
March 6, 2019 Filing 102 OBJECTION(S) to #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens by William Shane Pertl. (Lazzo, Mark)
March 6, 2019 Filing 101 NOTICE OF HEARING regarding #94 RECEIVER STEEPLECHASE ADVISORS, LLC'S MOTION TO APPROVE PROPOSED SALE OF FEED LOT ASSETS, FREE AND CLEAR OF ANY LIENS **THIS IS AN OFFICIAL NOTICE FOR THIS HEARING** MOTION HEARING set for 3/20/2019 at 01:30 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
March 6, 2019 Filing 100 MOTION for Leave to file Complaint in Intervention for Monetary and Declaratory Judgment and Foreclosure of Real Property by Intervenor BancCentral, National Association (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48)(Fielding, Michael)
March 6, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #100 MOTION for Leave to file Complaint in Intervention for Monetary and Declaratory Judgment and Foreclosure of Real Property . The motion will be resolved by the District Judge.(amh)
March 4, 2019 Filing 99 MEMORANDUM IN SUPPORT of #98 MOTION for Partial Summary Judgment Against Defendants Pertl Ranch, LLC; GEMCAP Lending I, LLC; Steeplechase Advisors, LLC; and James Cullen by Intervenor Conterra Agricultural Capital, LLC (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(McAndrews, Patrick)
March 4, 2019 Filing 98 MOTION for Partial Summary Judgment Against Defendants Pertl Ranch, LLC; GEMCAP Lending I, LLC; Steeplechase Advisors, LLC; and James Cullen by Intervenor Conterra Agricultural Capital, LLC (McAndrews, Patrick)
March 1, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens . The motion will be resolved by the District Judge.(jc)
March 1, 2019 Filing 97 CERTIFICATE OF SERVICE of Notice of Entry; Motion to Approve Sale of Feed Lot Assets; Memorandum in Support; Declaration and Proposed Order by Steeplechase Advisors, LLC re #95 Memorandum in Support of Motion, #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens (Whiston, Gregory)
March 1, 2019 Filing 96 NOTICE of (Receiver's) of Entry of Amended Order Granting Receiver's Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens, Claims and Encumbrances and Sale Hearing and Response Deadline by Steeplechase Advisors, LLC re #93 Order on Motion for Order of Sale (Whiston, Gregory)
March 1, 2019 Filing 95 MEMORANDUM IN SUPPORT of #94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens by Receiver Steeplechase Advisors, LLC (Attachments: #1 Affidavit Declaration of James H. Cullen)(Whiston, Gregory)
March 1, 2019 Filing 94 MOTION to Approve Proposed Sale of Feed Lot Assets, Free and Clear of Any Liens by Receiver Steeplechase Advisors, LLC (Whiston, Gregory)
March 1, 2019 Opinion or Order Filing 93 AMENDED ORDER granting #87 Motion for Order of Sale. Signed by District Judge Carlos Murguia on 3/1/2019. (ydm) (Modified on 3/4/2019 to correct title. (heo))
March 1, 2019 Set/Reset Deadlines as to Motion Hearing set for 3/20/2019 at 01:30 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. (ydm) (Modified on 3/5/2019 - Motion Hearing set per #93 Order. (heo))
February 27, 2019 Opinion or Order Filing 92 ORDER denying without prejudice #71 motion of Jonathan W. Davis and Van Osdol, PC to withdraw as counsel. Despite repeated requests from the undersigned's law clerk to Mr. Davis, counsel seeking to withdraw have not filed proof of receipt of the motion by their client as required by D. Kan. Rule 83.5.5(a)(4). Signed by Magistrate Judge James P. O'Hara on 2/27/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
February 20, 2019 Filing 91 NOTICE OF LIS PENDENS by Conterra Agricultural Capital, LLC (Attachments: #1 Exhibit 1)(McAndrews, Patrick)
February 15, 2019 Filing 90 ANSWER to #43 Intervenor Complaint, by James Cullen, Steeplechase Advisors, LLC.(Whiston, Gregory)
February 15, 2019 Filing 89 GemCap Lending I, LLC's ANSWER to #43 Intervenor Complaint, Intervention for Foreclosure, for the Immediate Appointment of a Senior Receiver for Four Parcels, and for Other Relief by GemCap Lending I, LLC.(Stolte, Sharon)
February 15, 2019 Filing 88 (PLEASE DISREGARD FILED INCORRECTLY - SEE DE #89 FOR CORRECT ENTRY)GEMCAP LENDING I, LLC'S ANSWER to #43 Intervenor Complaint, in Intervention for Foreclosure, for the Immedicate Appointment of a Senior Receiver for Four Parcels, and for Other Relief by GemCap Lending I, LLC.(Stolte, Sharon) Modified on 2/15/2019 (hw).
February 15, 2019 Filing 87 Unopposed MOTION for Order of Sale (Amended Order Approving Sale of Assets Free and Clear of Any Liens, Claims and Encumbrances) by Receiver Steeplechase Advisors, LLC (Attachments: #1 Exhibit A - Amended Order, #2 Exhibit B - Redline Order)(Whiston, Gregory)
February 15, 2019 Filing 86 STATUS REPORT - Receiver's Financial Report by Steeplechase Advisors, LLC. (Whiston, Gregory)
February 14, 2019 Filing 85 DOCKET ANNOTATION: Original filing of #80 Order on Motion to Lift Stay was filed with an error in the signature date (month only). A corrected version has been added to that entry and this annotation for noticing purposes only. (heo)
February 14, 2019 Opinion or Order Filing 84 ORDER granting #83 UNOPPOSED MOTION FOR RELIEF FROM STAY. The stay set forth in the Agreed Order Appointing Receiver (Doc. 10) is hereby terminated with respect to the CNH Collateral. CNH is further authorized and allowed to pursue and enforce any and all applicable state law remedies available with regard to the CNH Collateral. Signed by District Judge Carlos Murguia on 2/14/2019. (ydm)
February 13, 2019 Filing 83 MOTION for Relief from Stay by Interested Party CNH Industrial Capital (Andrusak, Michael)
February 13, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #83 MOTION Relief from Stay . The motion will be resolved by the District Judge.(srj)
February 11, 2019 Filing 82 NOTICE OF CANCELLED HEARING: MOTION HEARING, currently set for 2/13/2019, is CANCELLED. Hearing will be rescheduled after new motion deadline and briefing schedule is set. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
February 11, 2019 Opinion or Order Filing 81 ORDER granting #79 Motion to Appear Pro Hac Vice of Arash Beral for GemCap Lending I, LLC,Arash Beral for GemCap Lending I, 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 2/11/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)
February 8, 2019 Opinion or Order Filing 80 ORDER granting #78 MOTION FOR RELIEF FROM STAY Signed by District Judge Carlos Murguia on 2/8/2019. (ydm) (Original order contained error in signature date only. Document has been blocked from public view and corrected order added on 2/14/2019: #1 Corrected Main Document) (heo).
February 8, 2019 Filing 79 MOTION for attorney Arash Beral to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4709318.) by Plaintiff GemCap Lending I, LLC (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Arash Beral, #2 Exhibit Pro hac Vice Electronic Filing)(Stolte, Sharon)
February 8, 2019 Filing 78 MOTION FOR RELIEF FROM STAY by Interested Parties Deere & Company, Deere Credit, Inc, John Deere Financial, f.s.b. (Smith, Wesley)
February 8, 2019 Opinion or Order Filing 77 ORDER granting #76 Motion to Appear Pro Hac Vice of Todd M. Lander for GemCap Lending I, 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 2/8/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
February 8, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #78 MOTION to Lift Stay . The motion will be resolved by the District Judge.(srj)
February 6, 2019 Filing 76 MOTION for attorney Todd M. Lander to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4707084.) by Plaintiff GemCap Lending I, LLC (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Todd M. Lander, #2 Exhibit Pro Hac Vice Electronic Filing)(Stolte, Sharon)
February 6, 2019 Opinion or Order Filing 75 ORDER/NOTICE OF RESCHEDULED MOTION HEARING (TIME CHANGE ONLY): Time of MOTION HEARING, as docketed in the #68 CONSENT ORDER, is rescheduled to 2/13/2019 at 01:30 PM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. Signed by District Judge Carlos Murguia on 2/6/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
January 29, 2019 Opinion or Order Filing 74 ORDER granting #67 UNOPPOSED MOTION FOR RELIEF FROM STAY. Signed by District Judge Carlos Murguia on 1/29/2019. (ydm)
January 29, 2019 Filing 73 NOTICE of Withdrawal of Deere's Response to Receiver's Emergency Motion to Approve Sale of Assets Free and Clear of any Liens, Claims, or Encumbrances (Doc. 49) by Deere & Company, Deere Credit, Inc, John Deere Financial, f.s.b. re #49 Response to Motion, (Smith, Wesley)
January 29, 2019 Filing 72 NOTICE of Withdrawal of Response in Opposition of Receiver's Emergany Motion to Approve Sale of Assets Free and Clear of Liens by CNH Industrial Capital (Andrusak, Michael)
January 28, 2019 Filing 71 MOTION to Withdraw as Attorney by Defendants Outlaw Farms & Trucking LLC, Pertl Ranch Feeders LLC, Pertl Ranch, LLC (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit A)(Davis, Jonathan)
January 28, 2019 Filing 70 CERTIFICATE OF SERVICE of Receiver's Notice by Steeplechase Advisors, LLC re #69 Notice. (Whiston, Gregory)
January 28, 2019 Filing 69 NOTICE of (I) Entry of Consent Order Granting Receivers Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens, Claims and Encumbrances and (II) Sale Hearing and Response Deadline by Steeplechase Advisors, LLC (Whiston, Gregory)
January 28, 2019 Opinion or Order Filing 68 CONSENT ORDER granting #21 Emergency MOTION to Approve Sale of Assets Free and Clear of Any Liens Claims and Encumbrances. See Order for details. Motion Hearing set for 2/13/2019 at 10:00 AM in KC Courtroom 463 (CM) before District Judge Carlos Murguia. Signed by District Judge Carlos Murguia on 1/28/2019. (heo)
January 28, 2019 MOTION REFERRAL to Magistrate Judge REMOVED as to: #67 Unopposed MOTION to Lift Stay (Relief from Stay). The motion will be resolved by the District Judge.(ss)
January 25, 2019 Filing 67 Unopposed MOTION to Lift Stay (Relief from Stay) by Intervenor Morrill & Janes Bank & Trust Company (Attachments: #1 Ex. Proposed Order)(Fielding, Michael)
January 25, 2019 SUMMONS ISSUED as to James Cullen, GemCap Lending I, LLC, 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, Mindy J. Montgomery, Outlaw Farms & Trucking LLC, Joyce M. Pertl, Ronald F. Pertl, William Shane Pertl, Ronald F. Pertl and Joyce M. Pertl Living Trust Under Trust Instrument Dated September 19, 2006, 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, Steeplechase Advisors, LLC. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
January 24, 2019 Filing 65 NOTICE OF LIS PENDENS by Conterra Agricultural Capital, LLC (Attachments: #1 Exhibit 1)(McAndrews, Patrick)
January 24, 2019 Opinion or Order Filing 64 ORDER granting #36 Motion to Appoint Senior Receiver. Signed by District Judge Carlos Murguia on 1/24/2019. See order for additional details. (ydm)
January 23, 2019 Filing 66 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: MOTION HEARING held on 1/23/2019. See Minute Sheet for rulings and full details. Parties shall submit proposed orders as directed for Court's review and filing. (Court Reporter Nancy Wiss.) (jsh)
January 22, 2019 Filing 63 ENTRY OF APPEARANCE by Cody Branham on behalf of CNH Industrial Capital. (Branham, Cody)
January 22, 2019 Filing 62 NOTICE OF VIDEO CONFERENCE FROM WICHITA U.S. COURTHOUSE FOR MOTION HEARING: Wichita-area counsel may appear by video conference from Wichita U.S. Courthouse Room 504 for the MOTION HEARING scheduled for 1/23/2019 at 1:30 PM before District Judge Carlos Murguia. Counsel who will appear by video conference from Wichita shall notify Courtroom Deputy Jeff Hokanson by email [Jeff_Hokanson@ksd.uscourts.gov] no later than 4:30 PM on 1/22/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
January 22, 2019 Opinion or Order Filing 61 ORDER granting #50 Motion to Intervene. Signed by District Judge Carlos Murguia on 1/22/2019. (ydm)
January 21, 2019 Filing 60 NOTICE of Withdrawal of Response in Opposition to Receiver's Emergency Motion to Approve Sale of Assets Free & Clear of Liens by Belt Leasing, LLC re #52 Response to Motion (Frobisher, Kelsey)
January 18, 2019 Filing 59 NOTICE of Withdrawal of Morrill & Janes Bank & Trust Company's Opposition to Receiver's Emergency Motion to Approve Sale of Assets Free and Clear of Any Liens, Claims and Encumbrances by BancCentral, National Association re #50 MOTION to Intervene (Fielding, Michael)
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 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 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 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 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 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 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 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 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 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 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 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 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 Filing 9 ENTRY OF APPEARANCE by Jonathan W. Davis on behalf of All Defendants. (Davis, Jonathan)
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 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 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 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 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)
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)

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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
Represented By: Arash Beral
Represented By: Robert A. Hammeke
Represented By: Todd M. Lander
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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
Represented By: Cody Branham
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Interested party: Belt Leasing, LLC
Represented By: Kelsey Nicole Frobisher
Represented By: Kelsey N. Frobisher
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Interested party: Deere & Company
Represented By: Wesley F. Smith
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3rd party defendant: Steeplechase Advisors, LLC
Represented By: Gregory B. Whiston
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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
Represented By: Gregory B. Whiston
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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
Represented By: Mark J. Lazzo
Represented By: Robert D. Lantz
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3rd party defendant: Banner Administration Company, Inc.
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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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