Associated Bank, N.A. v. Fencepost Productions Inc. et al
| Associated Bank, N.A. |
| NPB Company Inc., Old Dominion Apparel Corporation and Fencepost Productions Inc. |
| 4:2019cv00971 |
| December 4, 2019 |
| US District Court for the Western District of Missouri |
| Lajuana M Counts |
| Brian C Wimes |
| Contract: Other |
| 12 U.S.C. § 1821 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2020. A more recent docket listing may be available from PACER.
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Filing 21
ORDERED Plaintiffs motion to amend exhibits (Doc. #13) is GRANTED. Signed on 1/13/2020 by District Judge Brian C. Wimes. (Baldwin, Joella)
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| Filing 20 Minute Entry. Proceedings held before District Judge Brian C. Wimes: TELEPHONE CONFERENCE held on 12/18/2019. Matters discussed as stated on the record. Court sets additional Status Teleconference on 6/15/2020 at 9:00 a.m. The parties are asked to call: 877-336-1839; access code: 6328169 to participate in the conference. Counsel appearing for Plaintiff(s): Michael Fielding, Charles DeVore, Paul Musser. Counsel appearing for Defendant(s): Jonathan Margolies for defendants and Bruce Strauss for Core Bank. Time in court: 1:00 p.m. to 1:05 p.m. To order a transcript of this hearing please contact Denise Halasey, 816-512-5657, denise_halasey@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Baldwin, Joella) |
| Filing 19 NOTICE of Filing Bankruptcy by Fencepost Productions Inc., NPB Company Inc., Old Dominion Apparel Corporation (Attachments: #1 Exhibit Bankruptcy Petitions)(Margolies, Jonathan) |
| Filing 18 **AMENDED** NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. The evidentiary hearing set this date in 7D, has been amended to a telephone conference at 1:00 p.m., before District Judge Brian C. Wimes. Parties have been provided the call-in numbers via e-mail this date.(Baldwin, Joella) |
| Filing 17 CERTIFICATE OF SERVICE by Associated Bank, N.A. re #15 Proposed Witness List, #16 Proposed Exhibit List,,,,,,,,, filed by Michael Delynn Fielding on behalf of Plaintiff Associated Bank, N.A.. Related document: #15 Proposed Witness List filed by Associated Bank, N.A., #16 Proposed Exhibit List,,,,,,,,, filed by Associated Bank, N.A..(Fielding, Michael) |
| Filing 16 PROPOSED EXHIBIT LIST for Hearing on Emergency Motion to Appoint Receiver by Associated Bank, N.A.. (Attachments: #1 Exhibit 1-Loan and Security Agreement, #2 Exhibit 2 - Associated Bank, N.A. Financing Statements, #3 Exhibit 3 - Guaranty, #4 Exhibit 4 - First Amendment to Loan Agreement, #5 Exhibit 5 - Second Amendment to Loan Agreement, #6 Exhibit 6 - Consolidated Financial Statements, #7 Exhibit 7 - Compliance Certificates, #8 Exhibit 8 - August 311, 2019 BBC, #9 Exhibit 9 - September Notice of Default, #10 Exhibit 10 - September 2019 Interim Financial Statements, #11 Exhibit 11 - November 6, 2019 BBC, #12 Exhibit 12 - November Notice of Default, #13 Exhibit 13 - November 6 Emails, #14 Exhibit 14 - Loan History Through December 12, 2019, #15 Exhibit 15 - Newbridge Security Agreement, #16 Exhibit 16 - Newbridge Financing Statements, #17 Exhibit 17 - July 31, 2019 Borrowing Base Certificate, #18 Exhibit 18 - Fencepost Inventory as of July 31, 2019, #19 Exhibit 19 - Unit Cost Report July 31, 2019, #20 Exhibit 20 - August 9, 2019 BBC, #21 Exhibit 21 - Fencepost Inventory as of August 9, 2019, #22 Exhibit 22 - August 13, 2019 BBC, #23 Exhibit 23 - Fencepost Inventory as of August 14, 2019, #24 Exhibit 24 - Audit Report Cost Text Excerpt, #25 Exhibit 25 - Fencepost Inventory as of October 22, 2019, #26 Exhibit 26 - April 2019 Audit Cost Excerpt, #27 Exhibit 27 - Kohr Email to Eric Downey, #28 Exhibit 28 - Eric Downey Email Analysis, #29 Exhibit 29 - Email from Downey to Kohr, #30 Exhibit 30 - November 1, 2019 Email Chain Between Kohr and Gray, #31 Exhibit 31 - Kohr Analysis of Gray's Statements, #32 Exhibit 32 - March 31, 2019 Interim Financial Statements, #33 Exhibit 33 - June 30, 2019 Interim Financial Statements, #34 Exhibit 34 - Fencepost Test Count October 22, 2019, #35 Exhibit 35 - NPB Test Count October 22, 2019, #36 Exhibit 36 - Fencepost Inventory as of August 31, 2019, #37 Exhibit 37 - Fencepost Inventory as of September 12, 2019, #38 Exhibit 38 - Fencepost Inventory as of October 31, 2019, #39 Exhibit 39 - NPB Inventory as of October 22, 2019, #40 Exhibit 40 - Representative Receivership Engagements, #41 Exhibit 41 - James Keane CV, #42 Exhibit 42 - Receiver's Qualifications)(Fielding, Michael) |
| Filing 15 PROPOSED WITNESS LIST by Associated Bank, N.A. for Hearing on Emergency Motion to Appoint Receiver. (Fielding, Michael) |
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Filing 14
ORDER granting #12 motion to appear pro hac vice entered by Clerk of Court. Attorney Charles DeVore for Associated Bank, N.A. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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| Filing 13 MOTION to amend/correct Exhibits filed by Michael Delynn Fielding on behalf of Associated Bank, N.A.. Suggestions in opposition/response due by 12/30/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Fielding, Michael) |
| Filing 12 Motion to allow Charles DeVore to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6624459) filed by Michael Delynn Fielding on behalf of Associated Bank, N.A.. (Fielding, Michael) |
| SUMMONS ISSUED as to Fencepost Productions Inc., NPB Company Inc., Old Dominion Apparel Corporation. (Woods, Gloria) |
| Filing 11 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Evidentiary Hearing re: MOTION TO APPOINT RECEIVER set for 12/18/2019 01:00 PM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes. (Baldwin, Joella) |
| Filing 10 NOTICE OF REASSIGNMENT. Pursuant to the ORDER at #9, this case is reassigned to the Honorable Judge Brian C. Wimes for all further proceedings. Please note the new case number: 4:19-00971-CV-W-BCW. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) |
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Filing 9
ORDER directing the Clerk of Court to randomly reassign this case for all further proceedings. Signed on 12/6/19 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
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| Filing 7 NOTICE OF REASSIGNMENT. Per ORAL ORDER, this case has been randomly reassigned to the Honorable Fernando J. Gaitan, Jr. for all further proceedings. Please note the new case number: 4:19-00971-CV-W-FJG. This is a TEXT ONLY ENTRY. No document is attached. (Jones, Robin) |
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Filing 6
ORAL ORDER Due to the nature of the case, the Clerk of Court is directed to randomly reassign this case to a United States District Judge for further proceedings. Signed on December 5, 2019 by Magistrate Judge Lajuana M. Counts. This is a TEXT ONLY ENTRY. No document is attached. (Clinton, Erica)
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Filing 5
ORDER granting #3 motion to appear pro hac vice entered by Clerk of Court. Attorney Paul T. Musser for Associated Bank, N.A. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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| Filing 4 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Crocker, Susan) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/4/19 as Document No. 2, Emergency MOTION to expedite Hearing and Suggestions in Support. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Ellis, Lindsey) |
| NOTICE OF MAGISTRATE ASSIGNMENT. This is a docket entry only. No document is attached. Magistrate Return due by 12/26/2019 unless otherwise directed by the court. (Crocker, Susan) |
| Filing 3 Motion to allow Paul T. Musser to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6614619) filed by Michael Delynn Fielding on behalf of Associated Bank, N.A.. (Fielding, Michael) |
| Filing 2 Emergency MOTION to expedite Hearing and Suggestions in Support filed by Michael Delynn Fielding on behalf of Associated Bank, N.A.. Suggestions in opposition/response due by 12/18/2019 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fielding, Michael) Modified on 1/13/2020 to terminate motion per Doc. #20 - hearing held. (Baldwin, Joella). |
| Filing 1 COMPLAINT against All Defendants filed by Michael Delynn Fielding on behalf of Associated Bank, N.A.. Filing fee $400, receipt number AMOWDC-6614366. Service due by 3/3/2020 unless otherwise directed by the court. (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 Civil Cover Sheet)(Fielding, Michael) |
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