Rabo Agrifinance LLC v. Ernest Smith Farms, Inc. et al
Plaintiff: Rabo Agrifinance LLC
Defendant: Orangeburg Foods, Inc., Garland Farm Supply, Inc. and Ernest Smith Farms, Inc.
Case Number: 7:2020cv00142
Filed: August 7, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2020 Opinion or Order Filing 16 ORDER granting #12 Amended Motion to Appoint Receiver. Signed by Chief Judge Terrence W. Boyle on 9/18/2020. (Stouch, L.)
September 16, 2020 Filing 15 Proposed Order regarding #12 MOTION to Amend/Correct #10 Order on Motion to Appoint Receiver with attached exhibits filed by Rabo Agrifinance LLC. (Livermon, James)
September 16, 2020 Motion Submitted to Chief Judge Terrence W. Boyle regarding #12 Amended #10 Order on Motion to Appoint Receiver. (Stouch, L.)
September 10, 2020 Filing 14 Document: Oath of Receiver by Cordes & Company. (Attachments: #1 Cover letter, #2 Envelope) (Powers, S.)
September 4, 2020 Filing 13 Proposed Order regarding #12 MOTION to Amend/Correct #10 Order on Motion to Appoint Receiver filed by Rabo Agrifinance LLC. (Livermon, James)
September 4, 2020 Filing 12 MOTION to Amend/Correct #10 Order on Motion to Appoint Receiver filed by Rabo Agrifinance LLC. (Livermon, James)
September 4, 2020 Filing 11 Certificate of Service filed by Rabo Agrifinance LLC regarding #10 Order on Motion to Appoint Receiver . (Livermon, James)
September 2, 2020 Opinion or Order Filing 10 ORDER granting #4 Motion to Appoint Receiver. Signed by Chief Judge Terrence W. Boyle on 9/1/2020. (Stouch, L.)
August 20, 2020 Motion Submitted to Chief Judge Terrence W. Boyle regarding #4 MOTION to Appoint Receiver. (Stouch, L.)
August 11, 2020 Filing 9 ACKNOWLEDGEMENT OF SERVICE Executed as to #1 Complaint,,,, Acknowledgement filed by Rabo Agrifinance LLC. (Livermon, James)
August 7, 2020 Filing 8 Summons Issued as to Ernest Smith Farms, Inc., Garland Farm Supply, Inc., Orangeburg Foods, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
August 7, 2020 Filing 7 Proposed Order regarding #4 MOTION to Appoint Receiver filed by Rabo Agrifinance LLC. (Livermon, James)
August 7, 2020 Filing 6 AFFIDAVIT regarding #4 MOTION to Appoint Receiver Affidavit of Stephen A. Tornio by Rabo Agrifinance LLC filed by Rabo Agrifinance LLC. (Livermon, James)
August 7, 2020 Filing 5 Memorandum in Support regarding #4 MOTION to Appoint Receiver filed by Rabo Agrifinance LLC. (Livermon, James)
August 7, 2020 Filing 4 MOTION to Appoint Receiver filed by Rabo Agrifinance LLC. (Livermon, James)
August 7, 2020 Filing 3 Financial Disclosure Statement by Rabo Agrifinance LLC (Livermon, James)
August 7, 2020 Filing 2 Notice of Appearance filed by James S. Livermon, III on behalf of Rabo Agrifinance LLC. (Livermon, James)
August 7, 2020 Filing 1 COMPLAINT against All Defendants (Filing fee $400.00 receipt number 0417-5557335), filed by Rabo Agrifinance LLC. (Attachments: #1 Index, #2 Exhibit A- Credit Agreement dated November 18, 2014, #3 Exhibit B- Operating Line of Credit Note dated November 18, 2014, #4 Exhibit C- Security Agreement dated November 18, 2014, #5 Exhibit D- UCC-1 Financing Statement dated November 21, 2014, #6 Exhibit E- Deed of Trust, Assignment of Rents and Security Agreement dated February 10, 2015, recorded in Book 1908, Page 940, Sampson County Registry, #7 Exhibit F- Loan Guaranty by Orangeburg Foods, Inc. dated December 15, 2017, #8 Exhibit G Third Amendment to the Amended and Restated Credit Agreement and Other Loan Documents dated April 25, 2019, #9 Exhibit H- Amended and Restated Operating Line of Credit Note dated April 25, 2019, #10 Exhibit I- Real Estate Term Loan Note dated December 15, 2017, #11 Exhibit J- Loan Guaranty by Orangeburg Foods, Inc. dated March 16, 2017, #12 Civil Cover Sheet, #13 Proposed Summons, #14 Proposed Summons, #15 Proposed Summons) (Livermon, James) Modified on 8/7/2020 to describe exhibits. (Rudd, D.)
August 7, 2020 Notice to Counsel - Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit A" is not a sufficient description). No further action is needed at this time. (Rudd, D.)

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Defendant: Orangeburg Foods, Inc.
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Defendant: Garland Farm Supply, Inc.
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Defendant: Ernest Smith Farms, Inc.
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Plaintiff: Rabo Agrifinance LLC
Represented By: James S. Livermon, III
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