Agstar Financial Services, FLCA et al v. Hopewell Dairy, LLC et al
Plaintiff: Agstar Financial Services, PCA and Agstar Financial Services, FLCA
Defendant: Chesterfield Dairy, L.L.C., DeLaval, Inc., State of Ohio Bureau of Workers' Compensation, Hopewell Dairy, LLC, Johannes Marinus Theodorus Van de Kolk, RAM Separation Equipment Company, LLC, Midwest Dairy Investments, LLC, Doris Rutschilling, Caterpillar Financial Services Corporation, Hopewell Dairy Leasing LLC, Donald L. Scott, Farm Credit Services of Mid-America, PCA, Shell Western E&P Inc., Quicksilver Resources, Inc., CNH Capital America, LLC, Vreba-Hoff Dairy Development, LLC, Rosebush Sale Barn, Inc., Bev Schlosser, AgChoice Farm Credit, ACA, Stateline Farms, LLC, Chesterfield Dairy and Cornelis Petrus Caspar Van de Kolk
Receiver: Receiver John M. Roach
Case Number: 3:2009cv02237
Filed: September 29, 2009
Court: US District Court for the Northern District of Ohio
Office: Toledo Office
County: Mercer
Presiding Judge: David A Katz
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 16, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2011 Filing 272 Certificate of Judgment Lien Upon Lands and Tenements received from Mercer County Common Pleas Court. Case number 11-CJD-18034, entered on 8/11/2011. (B,R)
August 11, 2011 Filing 271 Marginal Entry Order granting dismissal of DeLaval's amended cross-claim against Midwest Dairy Investments, LLC without prejudice re #270 . Judge David A. Katz on 8/11/2011. (R,Ci)
August 10, 2011 Filing 270 Notice of Dismissal Under FRCP 41(a)(1) filed by DeLaval, Inc.. (Nageleisen-Blades, Christy)
August 8, 2011 Filing 269 Certificate of Judgment Lien Upon Lands and Tenements received from Fulton County Common Pleas Court, Case No. 11cj000543, entered on 8/5/11 (See Certificate of Judgment for details) (G,Di)
July 29, 2011 Filing 268 Certificate of Judgment Lien Upon Lands and Tenements. See Certificate for Details. Related document(s) #262 and #264 (M,L) Modified on 7/29/2011 (M,L).
July 29, 2011 Filing 267 Certificate of Judgment Lien Upon Lands and Tenements. See Certificate for Details. Related document(s) #262 and #263 M,L) Modified on 7/29/2011 (M,L).
July 28, 2011 Filing 266 Supplement Proposed Certificate of Judgment Lien to #264 Praecipe,, filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #264 . (Valentine, Nancy)
July 28, 2011 Filing 265 Supplement Proposed Certificate of Judgment Lien to #263 Praecipe,, filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #263 . (Valentine, Nancy)
July 26, 2011 Filing 264 Praecipe for issuance of Certificate of Judgment Lien Upon Lands and Tenements against Hopewell Dairy Leasing, LLC, Vreba-Hoff Dairy Development, L.L.C. and Midwest Dairy Investment, LLC (for transfer to Mercer County Common Pleas Court). [ $ 9 certification fee paid, receipt number 0647-4829290 ] filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 7/27/2011:Certificate of Judgment Lien Upon Lands and Tenements not attached. Filer notified (M,L).
July 26, 2011 Filing 263 Praecipe for issuance of Certificate of Judgment Lien Upon Lands and Tenements and against Hopewell Dairy Leasing, LLC, Vreba-Hoff Dairy Development, L.L.C. and Midwest Dairy Investment, LLC (for transfer to Fulton County Common Pleas Court. [ $ 9 certification fee paid, receipt number 0647-4829222 ] filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 7/27/2011:Certificate of Judgment Lien Upon Lands and Tenements not attached. Filer notified. (M,L).
May 2, 2011 Filing 262 Memorandum Opinion and Judgment re #240 granting Motion for partial summary judgment as stated herein and dismissing RAM Separation Equipment Company, LLC and Farm Credit Services of Mid-America, PCA as parties from this case. Judge David A. Katz on 5/2/2011. (R,Ci)
April 15, 2011 Filing 261 Response Regarding April 4, 2011 Order of the Court filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #260 . (Attachments: #1 Exhibit A, #2 Exhibit B) (Wick, Christopher)
April 4, 2011 Opinion or Order Filing 260 ORDER Plaintiffs granted to 4/15/2011 to show cause why their motion for summary judgment is not subject to a bankruptcy stay. Defendants Farm Credit and RAM Separation Equipment granted to 4/15/2011 to show cause why they should not be dismissed as parties. Judge David A. Katz on 4/4/11. (G,C)
March 30, 2011 Filing 259 Status Report /Status Update filed by DeLaval, Inc.. (Nageleisen-Blades, Christy)
December 21, 2010 Opinion or Order Filing 258 Order granting receiver's twelfth application for approval of fees and expenses re #256 . Judge David A. Katz on 12/21/2010. (R,Ci)
December 20, 2010 Filing 257 Certificate of No Objection and Request for Order Granting the Receiver's Twelfth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #256 .(McElwee, Michael) Modified on 12/22/2010 (G,D).
December 3, 2010 Filing 256 Twelfth Application of Receiver for Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A Chesterfield Invoices, #2 Exhibit B Hopewell Invoices)(McElwee, Michael) Modified on 12/6/2010 (G,D).
November 22, 2010 Opinion or Order Filing 255 Order terminating Chesterfield Receivership (Related Doc #251 ). Judge David A. Katz on 11/22/2010.(R,Ci)
November 22, 2010 Opinion or Order Filing 254 Order terminating Hopewell Receivership (Related Doc #249 ). Judge David A. Katz on 11/22/2010.(R,Ci)
November 8, 2010 Opinion or Order Filing 253 Order granting receiver's eleventh application for approval of fees and expenses re #247 . Judge David A. Katz on 11/8/2010. (R,Ci)
November 5, 2010 Filing 252 Notice of Service of Motion to Terminate Receivership filed by John M. Roach. Related document(s) #251 .(McElwee, Michael) Modified on 11/8/2010 (G,D).
November 5, 2010 Filing 251 Motion for Termination of Receivership filed by Receiver John M. Roach. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(McElwee, Michael)
November 5, 2010 Filing 250 Notice of Service of Motion to Terminate Receivership filed by John M. Roach. Related document(s) #249 .(McElwee, Michael) Modified on 11/8/2010 (G,D).
November 5, 2010 Filing 249 Motion for Termination of Receivership filed by Receiver John M. Roach. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(McElwee, Michael)
November 5, 2010 Filing 248 Certificate of No Objection AND Request for Order Granting the REceiver's Eleventh Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)(McElwee, Michael) Modified on 11/8/2010 (G,D).
October 22, 2010 Filing 247 Eleventh Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit Hopewell September Invoice, #2 Exhibit Chesterfield September Invoice)(McElwee, Michael) Modified on 10/25/2010 (G,D).
October 18, 2010 Opinion or Order Filing 245 Order granting receiver's tenth application for approval of fees and expenses re #237 . Judge David A. Katz on 10/18/10. (R,Ci)
October 15, 2010 Filing 246 Certificate of Judgment Lien Upon Lands and Tenements received from Fulton County Common Pleas Court, Case No. 10CJ000756, entered on 10/7/10 against Johannes Marinus Theodorus van de Kolk and Cornelis Petrus Caspar van de Kolk (G,Di)
October 12, 2010 Filing 244 Certificate of No Objection AND Request for Order Granting the Receiver's Tenth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #237 .(McElwee, Michael) Modified on 10/13/2010 (G,D).
October 11, 2010 Filing 243 Notice of Receiver's Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit Chesterfield Reports, #2 Exhibit Hopewell Reports)(McElwee, Michael) Modified on 10/12/2010 (G,D).
October 7, 2010 Opinion or Order Filing 242 Order granting Motion to distribute sale proceeds from the sale of the Chesterfield receivership property (Related Doc #235 ). Judge David A. Katz on 10/7/2010.(R,Ci)
October 7, 2010 Opinion or Order Filing 241 Order granting Motion to distribute sale proceeds from sale of Hopewell receivership property (Related Doc #234 ). Judge David A. Katz on 10/7/2010.(R,Ci)
October 5, 2010 Filing 240 Motion for partial summary judgment filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #1 . (Attachments: #1 Exhibit A - Affidavit of Daniel W. Godfrey, #2 Exhibit B - Declaration of Jana Hessmeyer, #3 Proposed Order)(Valentine, Nancy) Modified on 10/5/2010 (G,Di).
October 4, 2010 Filing 239 Proposed Order Granting Motion of AgStar Financial Services, FLCA and AgStar Financial Services, PCA to Distribute Sale Proceeds from the Sale of the Chesterfield Receivership Property filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #235 . (Valentine, Nancy)
September 30, 2010 Filing 238 Certificate of Judgment Lien Upon Lands and Tenements issued on 9/30/10 as to Johannes Marinus Theodorus van de Kolk and Cornelis Petrus Caspar van de Kolk Related document(s) #236 . (G,Di)
September 28, 2010 Filing 237 Tenth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit Hopewell 2010 Invoice, #2 Exhibit Chesterfield 2010 Invoice)(McElwee, Michael) Modified on 9/30/2010 (G,Di).
September 27, 2010 Filing 236 Praecipe for issuance of Certificate of Judgment Lien Upon Lands and Tenements as relates to Johannes Marinus Theodorus van de Kolk and Cornelis Petrus Caspar van de Kolk. [ $ 9 certification fee paid, receipt number 0647-4313467 ] filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Certificate of Judgment Lien Upon Lands and Tenements)(Valentine, Nancy) Modified on 9/30/2010 (G,Di).
September 17, 2010 Filing 235 Motion to Distribute Sale Proceeds from the Sale of the Chesterfield Receivership Property filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Valentine, Nancy) Modified on 9/20/2010 (B,TM).
September 17, 2010 Filing 234 Motion to Distribute Sale Proceeds from the Sale of the Hopewell Receivership Property filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Valentine, Nancy) Modified on 9/20/2010 (B,TM).
September 15, 2010 Filing 233 Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A Chesterfield, #2 Exhibit B Hopewell)(McElwee, Michael) Modified on 9/16/2010 (B,TM).
September 2, 2010 Opinion or Order Filing 232 Order granting receiver's ninth application for approval of fees and expenses re #220 . Judge David A. Katz on 9/2/2010. (R,Ci)
September 2, 2010 Opinion or Order Filing 231 Order granting receiver's eighth application for approval of fees and expenses re #208 . Judge David A. Katz on 9/2/2010. (R,Ci)
September 1, 2010 Filing 230 Stipulation and Agreed Order dismissing DeLaval Inc.'s counterclaim with prejudice re #227 . Judge David A. Katz on 9/1/2010. (R,Ci)
August 31, 2010 Filing 229 Notice Certificate of No Objection and Request for Order Granting the Receiver's Ninth Application for approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #220 .(McElwee, Michael)
August 31, 2010 Filing 228 Notice Certificate of No Objection and Request for Order Granting the Receiver's Eighth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #208 .(McElwee, Michael)
August 27, 2010 Filing 227 Proposed Stipulation and Agreed Order Dismissing DeLaval Inc.'s Counterclaim filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, DeLaval, Inc.. Related document(s) #152 . (Valentine, Nancy) Modified on 8/30/2010 (G,D).
August 27, 2010 Filing 226 SEALED Document: Settlement Agreement filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, DeLaval, Inc.. Related document(s) #225 . (Valentine, Nancy)
August 27, 2010 Opinion or Order Filing 225 Order granting Motion to file settlement agreement under seal (Related Doc #224 ). Judge David A. Katz on 8/27/2010.(R,Ci)
August 26, 2010 Filing 224 Joint Motion to seal Joint Motion of the AgStar Entities and DeLaval Inc. to File Settlement Agreement Under Seal filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Defendant DeLaval, Inc.. (Attachments: #1 Exhibit A)(Valentine, Nancy)
August 18, 2010 Opinion or Order Filing 223 Order re sale of Fulton County parcel #214 (see order for details). Judge David A. Katz on 8/18/2010. (R,Ci)
August 18, 2010 Opinion or Order Filing 222 Order re sale of Mercer County Parcel #213 (see order for details). Judge David A. Katz on 8/18/2010. (R,Ci)
August 16, 2010 Filing 221 Status Report regarding 8/16/10 Status Conference filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 8/17/2010 (B,TM).
August 16, 2010 Telephone Conference held by Judge David A. Katz on 8/16/10. (Non Document)(G,C)
August 13, 2010 Filing 220 Notice Ninth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A July Receiver Fees Chesterfield, #2 Exhibit B July Receiver Fees Hopewell)Related document(s) #45 .(McElwee, Michael)
August 12, 2010 Filing 219 Notice of Receiver's Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit July Monthly Receiver Report Chesterfield, #2 Exhibit July Monthly Receiver Report Hopewell)(McElwee, Michael) Modified on 8/13/2010 (C,D).
August 12, 2010 Filing 218 Notice of Substitution of Counsel removing attorney James R. Knepp, II and adding attorney Mark A. Ozimek filed by on behalf of Hopewell Dairy Leasing LLC, Midwest Dairy Investments, LLC, Vreba-Hoff Dairy Development, LLC. (Ozimek, Mark)
August 12, 2010 Filing 217 Notice of Entry of Orders by the Bankruptcy Court Granting the AgStar Entities Relief from the Automatic Stay and Excusing Compliance with Bankruptcy Code Section 543 filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A-D)Related document(s) #216 .(Wick, Christopher)
August 10, 2010 Opinion or Order Order (Non Document) Telephone Conference set for 8/16/2010 at 9:00 AM. Participating counsel to call Court's bridge line (419) 213-5510, Access 551011. Judge David A. Katz on 8/10/10. (G,C)
August 9, 2010 Filing 216 Notice of Filing Bankruptcy (attachment from U.S. Bankruptcy Court of Southern District of Indiana) filed by Hopewell Dairy Leasing LLC, Hopewell Dairy, LLC, Midwest Dairy Investments, LLC, Vreba-Hoff Dairy Development, LLC. Related document(s) #215 .(Ozimek, Mark)
August 9, 2010 Filing 215 Notice of Filing Bankruptcy of Hopewell Dairy Leasing, LLC and Chesterfield Dairy, LLC filed by Hopewell Dairy Leasing LLC, Hopewell Dairy, LLC, Midwest Dairy Investments, LLC, Vreba-Hoff Dairy Development, LLC. (Ozimek, Mark)
August 6, 2010 Filing 214 Proposed Order Granting Receivers Expedited Motion for Entry of an Order (1) Authorizing Sale of Receivership Property Free and Clear of Liens, Claims and Encumbrances; (2) Approving Bid Procedures with Regard to Sale of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; and (5) Approving Other Matters Related to the Sale of Receivership Property filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, John M. Roach. Related document(s) #182 . (Attachments: #1 Exhibit A)(Wick, Christopher)
August 6, 2010 Filing 213 Proposed Order Granting Receivers Expedited Motion for Entry of an Order (1) Authorizing Sale of Receivership Property Free and Clear of Liens, Claims and Encumbrances; (2) Approving Bid Procedures with Regard to Sale of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; and (5) Approving Other Matters Related to the Sale of Receivership Property filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, John M. Roach. Related document(s) #183 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Wick, Christopher)
August 5, 2010 Filing 212 Notice of Filing Proof of Publication filed by John M. Roach. (Attachments: #1 Exhibit)(McElwee, Michael)
August 4, 2010 Filing 211 Notice of Consolidated Auction Results for Chesterfield Receivership Property filed by John M. Roach. (McElwee, Michael)
August 4, 2010 Filing 210 Notice of Consolidated Auction Results for Hopewell Receivership Property filed by John M. Roach. (McElwee, Michael)
August 2, 2010 Filing 209 Notice of Substitution of Counsel removing attorney James R. Knepp, II and adding attorney Mark A. Ozimek filed by on behalf of Hopewell Dairy, LLC. (Ozimek, Mark)
August 2, 2010 Filing 208 Notice Eighth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit Chesterfield June Fees, #2 Exhibit Hopewell June Fees)(McElwee, Michael)
August 2, 2010 Filing 207 Notice of Filing Updated Judicial Commitment for Title Insurance filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy)
July 27, 2010 Opinion or Order Filing 206 Order granting receiver's seventh application for approval of fees and expenses re #190 . Judge David A. Katz on 7/27/2010. (R,Ci)
July 26, 2010 Filing 205 Notice of Stalking Horse Bidder and Accepted Stalking Horse Bid for Chesterfield Receivership Property filed by John M. Roach. (Attachments: #1 Exhibit A: Purchase Agreement)(McElwee, Michael)
July 26, 2010 Filing 204 Notice of Stalking Horse Bidder and Accepted Stalking Horse Bid for Hopewell Receivership Property filed by John M. Roach. (Attachments: #1 Exhibit A: Purchase Agreement)(McElwee, Michael)
July 16, 2010 Filing 203 Notice of Receiver's Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A, #2 Exhibit B)(McElwee, Michael)
July 14, 2010 Filing 202 Notice of Certificate of no Objection and Request for Order granting the Receiver's Seventh Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order) Related document(s) #190 . (McElwee, Michael) Modified on 7/15/2010 (B,TM).
July 9, 2010 Filing 201 Notice Of Hearing, Consolidated Auction And Bidding Procedures For Sale Of Receivership Properties re Hopewell Dairy filed by John M. Roach. Related document(s) #195 .(McElwee, Michael)
July 9, 2010 Filing 200 Notice Of Hearing, Consolidated Auction And Bidding Procedures For Sale Of Receivership Properties re Hopewell Dairy filed by John M. Roach. (Attachments: #1 Exhibit 1 - Bid Procedures, #2 Exhibit 1A - Purchase Agreement)Related document(s) #195 .(McElwee, Michael)
July 9, 2010 Filing 199 Notice of Withdrawing Subpoena filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy)
July 9, 2010 Filing 198 Notice Of Hearing, Consolidated Auction And Bidding Procedures For Sale Of Receivership Properties filed by John M. Roach. Related document(s) #196 .(McElwee, Michael)
July 9, 2010 Filing 197 Notice Of Bid Procedures; Consolidated Auction Date; And Sale Hearing Regarding Proposed Auction And Sale Of Chesterfield Receivership Property filed by John M. Roach. (Attachments: #1 Exhibit 1 - Bid Procedures, #2 Exhibit 1A - Purchase Agreement)Related document(s) #196 .(McElwee, Michael)
July 7, 2010 Opinion or Order Filing 196 Order Re Fulton County parcel re #184 ; sale hearing set for 8/9/10 at 10:00 a.m. in Courtroom 224. Judge David A. Katz on 7/7/2010. (Attachments: #1 Purchase Agreement, #2 Notice of Bid Procedures, #3 Bid Procedures, #4 Sale Notice)(R,Ci)
July 7, 2010 Opinion or Order Filing 195 Order Re Mercer County (Related Doc #183 ) sale hearing to be held on 8/9/10 at 10:00 AM in Courtroom 224. Judge David A. Katz on 7/7/10. (Attachments: #1 Exhibit Purchase Agreement, #2 Exhibit Notice of Bid Procedures, #3 Exhibit Bid Procedures, #4 Exhibit Sale Notice)(G,C)
July 7, 2010 Filing 194 Proposed Order Order (1) Approving Bid Procedures; (2) Scheduling Auction; (3) Scheduling Sale Hearing; (4) Approving Form and Manner of Service of Notice of Bid Procedures; and (5) Granting Related Relief re Hopewell Dairy filed by John M. Roach. Related document(s) #183 . (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Notice of Bid Procedures, #3 Exhibit B1 - Bid Procedures, #4 Exhibit C - Sale Notice)(McElwee, Michael)
July 7, 2010 Filing 193 Proposed Order Order (1) Approving Bid Procedures; (2) Scheduling Auction; (3) Scheduling Sale Hearing; (4) Approving Form and Manner of Service of Notice of Bid Procedures; and (5) Granting Related Relief re Chesterfield Dairy filed by John M. Roach. Related document(s) #182 . (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Notice of Bid Procedures, #3 Exhibit B1 - Bid Procedures, #4 Exhibit C - Sale Notice)(McElwee, Michael)
July 7, 2010 Opinion or Order Filing 192 Order granting receiver's sixth application for approval of fees and expenses re #180 . Judge David A. Katz on 7/7/10. (R,Ci)
July 6, 2010 Telephone Conference held by Judge David A. Katz on 7/6/10. (Non Document)(G,C)
July 3, 2010 Filing 191 Response to #183 Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Memorandum in Opposition to Receiver's Motion for Order of Sale filed by DeLaval, Inc.. (Attachments: #1 Exhibit Declaration of Wyatt Smith, #2 Exhibit AgStar UCC Filing, #3 Exhibit AgStar Termination Statement)(Nageleisen-Blades, Christy)
June 30, 2010 Opinion or Order Order (Non Document) Telephone Conference set for 7/6/2010 at 9:00 AM. Counsel to all bridge (419) 213-5510, access 551011. Judge David A. Katz on 6/30/10. (G,C)
June 28, 2010 Filing 190 Notice Seventh Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Chesterfield Invoice, #2 Exhibit B - Hopewell Invoice)(McElwee, Michael)
June 28, 2010 Filing 189 Notice Certificate of No Objection and Request for Order Granting the Receiver's Sixth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #180 .(McElwee, Michael)
June 28, 2010 Filing 188 Proposed Order Order (1) Approving Bid Procedures; (2) Scheduling Auction; (3) Scheduling Sale Hearing; (4) Approving Form And Manner Of Service Of Notice Of Bid Procedures; And (5) Granting Related Relief filed by John M. Roach. Related document(s) #183 . (Attachments: #1 Exhibit A - Proposed Bid Procedures, #2 Exhibit B - Purchase Agreement, #3 Exhibit C - Sale Notice)(McElwee, Michael)
June 28, 2010 Filing 187 Proposed Order Order (1) Approving Bid Procedures; (2) Scheduling Auction; (3) Scheduling Sale Hearing; (4) Approving Form And Manner Of Service Of Notice Of Bid Procedures; And (5) Granting Related Relief filed by John M. Roach. Related document(s) #182 . (Attachments: #1 Exhibit A - Bid Procedures, #2 Exhibit B - Purchase Agreement, #3 Exhibit C - Sale Notice)(McElwee, Michael)
June 27, 2010 Filing 186 Affidavit/Declaration Signed Declaration (Exhibit D to Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Schedul ing Consolidated Auction; (4) Scheduling Sale Hearing; And (5) Approving Other Matters Related To The Sale Of Receivership Property) filed by John M. Roach. Related document(s) #182 , #183 . (McElwee, Michael)
June 24, 2010 Filing 185 Judgment Entry Decree of Foreclosure damages and replevin ( see order for details) (Related Doc #164 ). Judge David A. Katz on 6/24/2010.(R,Ci)
June 24, 2010 Filing 184 Motion for Receivers Motion For Expedited Hearing On And Shortening Of Response Time To Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; And (5) Approving Other Matters Related To The Sale Of Receivership Property [Docket No. 182] And Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; And (5) Approving Other Matters Related To The Sale Of Receivership Property [Docket No. 183] filed by Receiver John M. Roach. Related document(s) #182 , #183 . (McElwee, Michael)
June 23, 2010 Filing 183 Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; And (5) Approving Other Matters Related To The Sale Of Receivership Property filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - Bid Procedures, #2 Exhibit B - Purchase Agreement, #3 Exhibit C - Notice of Sale, #4 Exhibit D - Unsigned Declaration of Receiver)(McElwee, Michael)
June 23, 2010 Filing 182 Motion for Receivers Expedited Motion For Entry Of An Order (1) Authorizing Sale Of Receivership Property Free And Clear Of Liens, Claims And Encumbrances; (2) Approving Bid Procedures With Regard To Sale Of Receivership Property; (3) Scheduling Consolidated Auction; (4) Scheduling Sale Hearing; And (5) Approving Other Matters Related To The Sale Of Receivership Property filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - Bid Procedures, #2 Exhibit B - Purchase Agreement, #3 Exhibit C - Notice of Sale, #4 Exhibit D - Unsigned Declaration of Receiver)(McElwee, Michael)
June 21, 2010 Filing 181 Notice Receiver's Notice of Amended Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A - Chesterfield Amended Financials, #2 Exhibit B - Hopewell Amended Financials)(McElwee, Michael)
June 10, 2010 Filing 180 Notice Sixth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Hopewell Invoice, #2 Exhibit B - Chesterfield Invoice)(McElwee, Michael)
June 9, 2010 Filing 179 Notice Receiver's Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A - Chesterfield Dairy Monthly Status Report, #2 Exhibit B - Hopewell Dairy Monthly Status Report)(McElwee, Michael)
June 9, 2010 Opinion or Order Filing 178 Order granting #176 Motion to extend time to file Dispositive Motions to 7/30/2010, 3 weeks for response, 10 days for reply. Judge David A. Katz on 6/9/2010.(R,Ci)
June 9, 2010 Opinion or Order Filing 177 Order granting #175 Motion to Extend time to complete discovery to 7/16/2010. Judge David A. Katz on 6/9/2010.(R,Ci)
June 8, 2010 Filing 176 Joint Motion for extension of Dispositive Motion deadline until July 30, 2010 filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Defendant DeLaval, Inc.. Related document(s) #154 . (Attachments: #1 Proposed Order)(Valentine, Nancy)
June 8, 2010 Filing 175 Joint Motion for extension of Discovery until July 16, 2010 filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Defendant DeLaval, Inc.. Related document(s) #154 . (Attachments: #1 Proposed Order)(Valentine, Nancy)
June 8, 2010 Opinion or Order Filing 174 Order granting receiver's fifth application for approval of fees and expenses re #170 . Judge David A. Katz on 6/8/2010. (R,Ci)
June 8, 2010 Opinion or Order Filing 173 Order granting receiver's fourth application for approval of fees and expenses re #162 . Judge David A. Katz on 6/8/2010. (R,Ci)
June 7, 2010 Filing 172 Notice Certificate of No Objection and Request for Order Granting the Receiver's Fifth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #170 .(McElwee, Michael)
June 7, 2010 Filing 171 Notice Certificate of No Objection and Request for Order Granting the Receiver's Fourth Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #162 .(McElwee, Michael)
May 18, 2010 Filing 170 Notice Fifth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Chesterfield Invoices, #2 Exhibit B - Hopewell Invoices)(McElwee, Michael)
May 18, 2010 Opinion or Order Filing 169 ORDER phone status held on 5/17/10.. Judge David A. Katz on 5/18/10. (G,C)
May 13, 2010 Filing 168 Status Report Receiver's Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A - Monthly Receiver Report - Chesterfield, #2 Exhibit B - Monthly Receiver Report - Hopewell)(McElwee, Michael)
May 3, 2010 Filing 167 Answer of Farm Credit Services of Mid America, PCA to Amended Cross-Claim and Counterclaim of DeLaval, Inc. filed by Farm Credit Services of Mid-America, PCA. Related document(s) #152 . (Hunter, Jr., John)
May 3, 2010 Filing 166 Answer of AgChoice Farm Credit to Amended Cross-Claim and Counterclaim of DeLaval, Inc. filed by AgChoice Farm Credit, ACA. Related document(s) #152 . (Hunter, Jr., John)
April 19, 2010 Filing 165 Affidavit/Declaration Affidavit of Daniel W. Godfrey in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #164 . (Attachments: #1 Exhibit 1 - Chesterfield FLCA Note, #2 Exhibit 2 - Chesterfield PCA Note, #3 Exhibit 3 - Chesterfield FLCA Mortgage, #4 Exhibit 4 - Chesterfield PCA Mortgage, #5 Exhibit 5 - Chesterfield Easements, #6 Exhibit 6 - Chesterfield PCA Security Agreement, #7 Exhibit 7 - Chesterfield FLCA Security Agreement, #8 Exhibit 8 - UCC-1 Financing Statement, #9 Exhibit 9 - UCC -1 Financing Statement, #10 Exhibit 10 - Chesterfield Pre-Negotiation Agreement)(Valentine, Nancy)
April 19, 2010 Filing 164 Motion for partial summary judgment Plaintiffs' Motion for Partial Summary Judgment filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #1 . (Attachments: #1 Proposed Order Exhibit A, #2 Exhibit B - RAM Lien)(Valentine, Nancy)
April 14, 2010 Filing 163 Notice of Receiver's Notice of Monthly Status Report filed by John M. Roach. (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)(McElwee, Michael)
April 14, 2010 Filing 162 Notice of Fourth Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A, #2 Exhibit B)(McElwee, Michael)
April 14, 2010 Filing 161 Agreed Order dismissing Rosebush Sale Barn, Inc. with prejudice (Related Doc #160 ). Judge David A. Katz on 4/14/2010.(R,Ci)
April 14, 2010 Filing 160 Joint Motion to dismiss party Joint Motion for Order Dismissing Defendant Rosebush Sale Barn, Inc. filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Defendant Rosebush Sale Barn, Inc.. Related document(s) #1 . (Attachments: #1 Proposed Order)(Valentine, Nancy)
April 8, 2010 Filing 159 Answer to Amended Cross-Claim of Defendant DeLaval, Inc. filed by Hopewell Dairy Leasing LLC, Hopewell Dairy, LLC, Midwest Dairy Investments, LLC. (Knepp, James)
April 6, 2010 Filing 158 Answer Plaintiffs' Answer to Defendant DeLaval, Inc.'s Cross Claim and Counterclaim filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #152 . (Valentine, Nancy)
March 24, 2010 Opinion or Order Filing 157 Order granting Motion to dismiss party State of Ohio Bureau of Workers' Compensation, (Related Doc #153 ). Judge David A. Katz on 3/24/2010.(R,Ci)
March 23, 2010 Opinion or Order Filing 156 Order granting receiver's third application for fees and expenses re #139 . Judge David A. Katz on 3/23/2010. (R,Ci)
March 23, 2010 Filing 155 Notice Receivers Notice of Monthly Status Report filed by John M. Roach. (Attachments: #1 Exhibit A - Abridged Balance Sheet, #2 Exhibit B - Profit & Loss 02/10, #3 Exhibit C - Gen. Ledger 02/28/10, #4 Exhibit D - Monthly Event Summary 02/10, #5 Exhibit E - Cattle Inventory 10/09-02/10, #6 Exhibit F - Abridged Balance Sheet - Hopewell, #7 Exhibit G - Profit & Loss 02/10 Hopewell, #8 Exhibit H - Gen. Ledger 02/28/10, #9 Exhibit I - Monthly Event Summary 02/10, #10 Exhibit J - Cattle Inventory 10/09-02/10, #11 Exhibit K - Real Escrow Agreement, #12 Exhibit L - Personal Escrow Agreement)(McElwee, Michael)
March 19, 2010 Filing 154 CASE MANAGEMENT CONFERENCE ORDER CMC held on 3/16/10. Discovery due by 6/16/2010. Dispositive Motions due by 6/30/2010, Telephone Conference set for 5/17/2010 at 10:15 AM. Participating counsel to call Court's bridge (419) 213-5510, Access 551011. Judge David A. Katz on 3/19/10. (G,C)
March 19, 2010 Filing 153 Joint Motion to dismiss party Joint Motion for Order Dismissing Defendant The State of Ohio, Bureau of Workers Compensation filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA, Defendant State of Ohio Bureau of Workers' Compensation. Related document(s) #1 . (Attachments: #1 Proposed Order)(Valentine, Nancy)
March 16, 2010 Filing 152 Amended Counterclaim against Agstar Financial Services, PCA, Agstar Financial Services, FLCA, Amended Crossclaim against Doris Rutschilling, , Midwest Dairy Investments, LLC, State of Ohio Bureau of Workers' Compensation, Hopewell Dairy, LLC, Hopewell Dairy Leasing LLC, filed by DeLaval, Inc. Related document: #151 , #145 , #1 . (Nageleisen-Blades, Christy) Modified on 3/16/2010 (R,Ci).
March 16, 2010 Opinion or Order Filing 151 Order granting Motion for leave to file amended cross claim and counterclaim. Parties have 3 weeks to respond (Related Doc #145 ). Judge David A. Katz on 3/16/2010.(R,Ci)
March 16, 2010 Filing 150 Initial Disclosures filed by Chesterfield Dairy, L.L.C., Cornelis Petrus Caspar Van de Kolk, Johannes Marinus Theodorus Van de Kolk. (Perkins, Jeffrey)
March 15, 2010 Filing 149 Motion for Leave to Amend Answer to complaint, Crossclaims, and counterclaims #82 #86 filed by State of Ohio Bureau of Workers' Compensation. (Ward, Lucas) Modified on 3/23/2010 (C,D).
March 12, 2010 Filing 148 Initial Disclosures filed by DeLaval, Inc.. (Nageleisen-Blades, Christy)
March 12, 2010 Filing 147 Notice Certificate of No Objection and Request for Order Granting the Receiver's Third Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #139 .(McElwee, Michael)
March 12, 2010 Filing 146 Initial Disclosures filed by Donald L. Scott. (Attachments: #1 Exhibit)(Jones, Michael)
March 10, 2010 Filing 145 Motion for leave to File Instanter Amended Cross Claim Against Midwest Dairy Investments filed by Cross-Claimant DeLaval, Inc.. Related document(s) #86 . (Attachments: #1 Pleading Amended Cross Claim, #2 Proposed Order)(Nageleisen-Blades, Christy)
March 9, 2010 Filing 144 Status Report Report of Parties' Planning Meeting filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy)
March 2, 2010 Filing 143 Notice of Service of scheduling notices filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Valentine, Nancy) Modified on 3/3/2010 (G,D).
February 24, 2010 Filing 142 Notice of Case Management Conference to be held on 3/16/2010 at 09:30 AM via telephone before Judge David A. Katz. Recommended track: standard. Parties are directed to call the Court's bridge line 419-213-5510 access 551011(R,Ci)
February 23, 2010 Filing 141 Notice of Filing Updated Judicial Commitment for Title Insurance filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit)(Valentine, Nancy)
February 11, 2010 Filing 140 Notice Receiver's Notice of Filing Updated Comprehensive Inventory for Chesterfield Dairy, LLC and Hopewell Dairy, LLC filed by John M. Roach. (Attachments: #1 Exhibit A-Abridged Balance Sheet, #2 Exhibit B-Profit & Loss 12.09, #3 Exhibit C-Gen. Ledger 12.31.09, #4 Exhibit D-MES 12.09, #5 Exhibit E-Profit & Loss 01.10, #6 Exhibit F-Gen. Ledger 01.31.10, #7 Exhibit G-MES 01.10, #8 Exhibit H-Cattle Inventory, #9 Exhibit I-Abridged Balance Sheet, #10 Exhibit J-Profit & Loss 12.09, #11 Exhibit K-Gen. Ledger 12.31.09, #12 Exhibit L-MES 12.09, #13 Exhibit M-Profit & Loss 01.10, #14 Exhibit N-Gen. Ledger 01.31.10, #15 Exhibit O-MES 01.10, #16 Exhibit P-Cattle Inventory)(McElwee, Michael)
February 10, 2010 Filing 139 Notice Third Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Chesterfield, #2 Exhibit B - Hopewell)(McElwee, Michael)
February 10, 2010 Filing 138 Attorney Appearance by Michael S. McElwee filed by on behalf of John M. Roach. (McElwee, Michael)
February 9, 2010 Opinion or Order Filing 137 Order granting receiver's second application for approval of fees and expenses re #129 . Judge David A. Katz on 2/9/2010. (R,Ci)
February 8, 2010 Filing 136 Affidavit/Declaration Certificate of No Objection and Request for Order Granting the Receiver's Second Application for Approval of Fees and Expenses filed by John M. Roach. Related document(s) #129 . (Attachments: #1 Proposed Order)(Eagle, Timothy)
February 3, 2010 Filing 135 Agreed Order dismissing CNH Capital America LLC with prejudice (Related Doc #134 ). Judge David A. Katz on 2/3/2010.(R,Ci)
February 2, 2010 Filing 134 Joint Motion to dismiss party Defendant CNH Capital America LLC filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Proposed Order)(Valentine, Nancy) Modified on 2/11/2010 (G,Di).
January 29, 2010 Opinion or Order Filing 133 Order granting Receiver's First application for approval of fees & expenses #103 . Judge David A. Katz on 1/29/10. (G,C)
January 28, 2010 Opinion or Order Filing 132 ORDER granting Motion for default judgment against Shell Western E & P,Inc. as stated herein(Related Doc #131 ). Judge David A. Katz on 1/28/10.(G,C)
January 26, 2010 Filing 131 Motion for default judgment Against Shell Western E & P, Inc. filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #124 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Valentine, Nancy) Modified on 1/27/2010 (G,Di).
January 19, 2010 Filing 130 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Michael S. McElwee for John M. Roach (Related Doc #128 ). Judge David A. Katz on 1/19/2010.(R,Ci)
January 15, 2010 Filing 129 Second Application of Receiver for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Hopewell, #2 Exhibit B - Chesterfield)(Eagle, Timothy) Modified on 1/21/2010 (G,D).
January 15, 2010 Filing 128 Motion for attorney Michael S. McElwee to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-3917023, filed by Receiver John M. Roach. (Attachments: #1 Affidavit)(Eagle, Timothy)
January 15, 2010 Filing 127 Certificate of No Objection and Request for Order Granting the Receiver's First Application for Approval of Fees and Expenses filed by John M. Roach. (Attachments: #1 Proposed Order)Related document(s) #103 .(Eagle, Timothy) Modified on 1/21/2010 (G,D).
January 14, 2010 Filing 126 Notice of Filing Updated Judicial Commitments filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy)
January 11, 2010 Filing 125 Joint Status Report Dated January 11, 2010 filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 1/13/2010 (G,D).
January 11, 2010 Filing 124 Default Entered on 1/11/2010 against Shell Western E & P, Inc. Geri M. Smith, Clerk by Cindy Reynolds, Deputy Clerk. Related document(s) #123 . (R,Ci)
January 8, 2010 Filing 123 Request for Entry of Default Pursuant to Fed. R. Civ. P. 55(A) as to Shell Western E&P, Inc. filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A - Affidavit of Christopher B. Wick, #2 Exhibit B - proposed Entry of Default)(Valentine, Nancy) Modified on 1/11/2010 (G,Di).
January 5, 2010 Filing 122 Answer to #82 Crossclaim of Farm Credit Services of Mid-America, PCA filed by Hopewell Dairy, LLC. (Knepp, James) Modified on 1/6/2010 (G,Di).
January 5, 2010 Filing 121 Answer to #86 Crossclaim of DeLaval, Inc. filed by Hopewell Dairy, LLC. (Knepp, James) Modified on 1/6/2010 (G,Di).
January 5, 2010 Filing 120 Answer to #82 Complaint filed by Hopewell Dairy, LLC. (Knepp, James) Modified on 1/5/2010 (G,Di).
January 4, 2010 Filing 119 Consent Order of possession in favor of Farm Credit Services of Mid-America, PCA as stated herein re #118 . Judge David A. Katz on 1/4/2010. (R,Ci)
January 4, 2010 Filing 118 Proposed Order Consenting to Possession in Favor of the Defedant Farm Credit Services of Mid-America, PCA filed by Farm Credit Services of Mid-America, PCA. Related document(s) #83 . (Hunter, Jr., John)
December 22, 2009 Filing 117 Notice of Filing Comprehensive Invetory for Chesterfield Dairy, LLC and Hopewell Dairy, LLC filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - Hopewell Nov 2009 MES, #2 Exhibit B - Chesterfield Nov 2009 MES, #3 Exhibit C - Hopewell Projected Cash Flow, #4 Exhibit D - Chesterfield Projected Cash Flow, #5 Exhibit E - Hopewell Profit & Loss, #6 Exhibit F - Chesterfield Profit & Loss, #7 Exhibit G Part I - General Ledger 1-20, #8 Exhibit G Part II - General Ledger 21-40, #9 Exhibit G Part III - General Ledger 41-60, #10 Exhibit G Part IV - General Ledger 61-90, #11 Exhibit G Part V - General Ledger 91-133, #12 Exhibit G Part VI - General Ledger 134-182, #13 Exhibit H Part I - Chesterfield Gen. Ledger 1-20, #14 Exhibit H Part II - Chesterfield Gen. Ledger 21-41, #15 Exhibit H Part III - Chesterfield Gen. Ledger, #16 Exhibit I - Hopewell Equipment Inventory, #17 Exhibit J - Chesterfield Equipment Inventory, #18 Exhibit K - Hopewell Cull/Calf Savings Acct., #19 Exhibit L - Chesterfield Cull/Calf Savings Acct.)(Eagle, Timothy) Modified on 12/23/2009 (G,Di).
December 22, 2009 Filing 116 Amended Answer to Complaint filed by AgChoice Farm Credit, ACA. (Hunter, Jr., John)
December 9, 2009 Filing 115 Notice of Dairy Inventory Filing filed by John M. Roach. (Attachments: #1 Exhibit A)(Eagle, Timothy)
December 9, 2009 Filing 114 Notice of Dairy Inventory Filing filed by John M. Roach. (Attachments: #1 Exhibit A)(Eagle, Timothy)
December 8, 2009 Filing 113 Notice of failure to file electronically, pursuant to Local Rule 5.1(c). Non-compliant document: #112 Answer to Complaint filed by Donald L. Scott Related document(s) #112 . (G,D)
December 8, 2009 Filing 112 Answer to #1 Complaint filed by Donald L. Scott. (G,D)
December 8, 2009 Filing 111 Return of Service by Clerk by certified mail executed upon Donald L. Scott on 11/27/2009 filed on behalf of All Plaintiffs Related document(s) #1 . (G,D)
December 7, 2009 Filing 110 Answer to #86 Crossclaim or Defendant Delaval, Inc. filed by Hopewell Dairy Leasing LLC, Midwest Dairy Investments, LLC. (Knepp, James) Modified on 12/8/2009 (G,D).
December 7, 2009 Filing 109 Answer to Defendant DeLaval, Inc.'s Cross Claim and Counterclaim filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #86 . (Valentine, Nancy) Modified on 12/8/2009 (G,D).
December 7, 2009 Filing 108 Answer to Defendant Farm Credit Services of Mid-America, PCA's Cross Claim and Counterclaim filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #82 . (Valentine, Nancy) Modified on 12/8/2009 (G,D).
December 3, 2009 Filing 107 Supplement Correct Exhibit B to First Application of Receiver for Approval of Fees and Expenses to #103 Notice filed by John M. Roach. Related document(s) #103 . (Eagle, Timothy)
December 2, 2009 Opinion or Order Filing 106 Order of possession to Farm Credit Services of Mid-America, PCA as stated herein (Related Doc #83 ). Judge David A. Katz on 12/2/2009.(R,Ci)
December 1, 2009 Filing 105 Answer to #82 Answer to Complaint, Crossclaim, Counterclaim filed by DeLaval, Inc.. (Nageleisen-Blades, Christy)
November 25, 2009 Service by Clerk. Summons and Complaint addressed to Donald L. Scott placed in U.S. Mail. Type of service: certified mail. Receipt # 7001 0360 0002 4125 2807. (B,TM)
November 24, 2009 Set Deadlines and Hearings Status Report due by 1/11/2010. Related document(s) #102 . (G,D)
November 24, 2009 Filing 104 Notice of service of application of receiver for approval of fees and expenses filed by John M. Roach. Related document(s) #103 .(Eagle, Timothy) Modified on 12/2/2009 (G,D).
November 24, 2009 Filing 103 Application of receiver for approval of fees and expenses filed by John M. Roach. (Attachments: #1 Exhibit A - Chesterfield Invoice, #2 Exhibit B - Hopewell Invoice)(Eagle, Timothy) Modified on 12/2/2009 (G,D).
November 24, 2009 Opinion or Order Filing 102 ORDER CMC held on 11/23/09. Plaintiff shall file status report by 1/11/10. Judge David A. Katz on 11/24/09. (G,C)
November 23, 2009 Filing 101 Original Summons issued for service upon Donald L. Scott. (G,Di)
November 23, 2009 Opinion or Order Filing 100 Order granting Motion for to add Donald L. Scott as a defendant; service to be perfected within 14 days (Related Doc #99 ). Judge David A. Katz on 11/23/2009.(R,Ci)
November 20, 2009 Filing 99 Motion for an Order to Add Donald Scott as an Additional Lienholder Defendant filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #1 . (Attachments: #1 Proposed Order, #2 Summons, #3 Praecipe)(Valentine, Nancy)
November 20, 2009 Filing 98 Attorney Appearance by Christy M. Nageleisen-Blades filed by on behalf of DeLaval, Inc.. (Nageleisen-Blades, Christy)
November 17, 2009 Filing 97 Attorney Appearance by Jeffrey A. Yeager filed by on behalf of Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Yeager, Jeffrey)
November 16, 2009 Opinion or Order Filing 96 Order Telephone Conference set for 11/23/2009 at 2:00 PM. Counsel shall call Court's bridge line at (419) 213-5510, Access 551011. Judge David A. Katz on 11/16/09. (G,C)
November 16, 2009 Filing 95 Answer to Cross Claim of DeLaval Inc. filed by Doris Rutschilling. Related document(s) #86 . (Ikerd, Amy)
November 16, 2009 Filing 94 Answer to #1 Complaint filed by Chesterfield Dairy, L.L.C., Cornelis Petrus Caspar Van de Kolk, Johannes Marinus Theodorus Van de Kolk. (Perkins, Jeffrey)
November 13, 2009 Filing 93 Status Report for Hopewell Dairy, LLC dated November 6, 2009 filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - November 2009 Monthly Event Summary)(Eagle, Timothy) Modified on 11/17/2009 (G,D).
November 13, 2009 Filing 92 Status Report for Chesterfield Dairy, LLC dated November 6, 2009 filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - November 2009 Monthly Event Summary)(Eagle, Timothy) Modified on 11/17/2009 (G,D).
November 13, 2009 Opinion or Order Filing 91 Order granting #80 Motion for Extension of Time to Answer. CNH Capital America LLC answer due 11/30/2009. Judge David A. Katz on 11/13/2009.(R,Ci)
November 12, 2009 Opinion or Order Filing 90 Order granting #76 Motion to Extend time for defendants, Chesterfield Dairy, LLC, Johannes Marinus Theodorus Van de Kolk and Cornelius Petrus Caspar Van de Kolk to answer to 11/16/09. Judge David A. Katz on 11/12/2009.(R,Ci)
November 12, 2009 Filing 89 Stipulated Notice of Dismissal Under FRCP 41(a)(1) of Defendant Quicksilver Resources, Inc. filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy)
November 12, 2009 Filing 88 Answer to Defendant RAM Separation Equipment Company, LLC's Counterclaim filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #53 . (Valentine, Nancy) Modified on 11/17/2009 (G,D).
November 11, 2009 Filing 87 Corporate Disclosure Statement by DeLaval, Inc. filed by DeLaval, Inc.. (Burke, James)
November 11, 2009 Filing 86 Answer to #1 Complaint AND Crossclaim against Midwest Dairy Investments, LLC, State of Ohio Bureau of Workers' Compensation, Hopewell Dairy Leasing LLC, Doris Rutschilling, Hopewell Dairy, LLC, Agstar Financial Services, FLCA and Agstar Financial Services, PCA AND Counterclaim against Midwest Dairy Investments, LLC, State of Ohio Bureau of Workers' Compensation, Hopewell Dairy Leasing LLC, Doris Rutschilling, Hopewell Dairy, LLC, Agstar Financial Services, FLCA, Agstar Financial Services, PCA filed by DeLaval, Inc.. (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)(Burke, James) Modified on 11/17/2009 (G,D).
November 11, 2009 Filing 85 Answer to #1 Complaint filed by CNH Capital America LLC. (Gordon, James)
November 11, 2009 Filing 84 Answer to #1 Complaint, filed by Hopewell Dairy Leasing, LLC, Midwest Dairy Investments, LLC, Vreba-Hoff Dairy Development, LLC. (Knepp, James) Modified on 11/12/2009 (M,L).
November 11, 2009 Filing 83 Motion for Turnover and Order of Possession filed by Defendant Farm Credit Services of Mid-America, PCA. (Attachments: #1 Exhibit A-Equipment Lease Agreement, #2 Proposed Order)(Hunter, Jr., John)
November 11, 2009 Filing 82 Answer to #1 Complaint AND Crossclaim against Hopewell Dairy, LLC AND Counterclaim against Hopewell Dairy, LLC filed by Farm Credit Services of Mid-America, PCA. (Attachments: #1 Exhibit A - Lease Agreement, #2 Exhibit B-UCC Financing Statement)(Hunter, Jr., John) Modified on 11/17/2009 (G,D).
November 10, 2009 Filing 81 Proposed Order for extension of time filed by CNH Capital America LLC. Related document(s) #80 . (Gordon, James) Modified on 11/10/2009 (G,D).
November 10, 2009 Filing 80 Unopposed Motion for extension of time until November 11, 2009 to answer to Plaintiff's Complaint filed by Defendant CNH Capital America LLC. Related document(s) #1 . (Gordon, James)
November 10, 2009 Filing 79 Attorney Appearance by James H. Gordon and Samuel N. Lillard filed by on behalf of CNH Capital America LLC. (Gordon, James)
November 9, 2009 Filing 78 Status Report for Hopewell Dairy, LLC dated October 30, 2009 filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - Monthly Event Summary)(Eagle, Timothy) Modified on 11/10/2009 (G,D).
November 9, 2009 Filing 77 Status Report for Chesterfield Dairy, LLC dated October 30, 2009 filed by Receiver John M. Roach. (Attachments: #1 Exhibit A - Monthly Event Summary)(Eagle, Timothy) Modified on 11/10/2009 (G,D).
November 6, 2009 Filing 76 Second Motion for extension of Time to Move, Plead or Answer Plaintiffs' Complaint until November 16, 2009 filed by Defendant Chesterfield Dairy, L.L.C.. (Attachments: #1 Proposed Order)(Perkins, Jeffrey)
November 6, 2009 Filing 75 Corporate Disclosure Statement filed by RAM Separation Equipment Company, LLC. (Braig, Kevin) Modified on 11/10/2009 (G,D).
October 29, 2009 Filing 74 Notice of Filing Updated Commitment for Title Insurance filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A)Related document(s) #1 .(Valentine, Nancy)
October 29, 2009 Filing 73 Notice of Dismissal Under FRCP 41(a)(1) of Defendant Stateline Farms, LLC without prejudice filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 11/2/2009 (G,D).
October 29, 2009 Opinion or Order Filing 72 Order granting #71 Motion for Extension of Time to 11/30/09 for defendant Chesterfield Dairy to answer Ram Separation Equipment Company, LLC's cross-claim. Judge David A. Katz on 10/29/2009.(R,Ci)
October 28, 2009 Filing 71 Motion for extension of time until November 30, 2009 to Move, Plead, or Answer Defendant RAM Separation Equipment Company, LLC's Cross-claim filed by Defendant Chesterfield Dairy, L.L.C.. (Attachments: #1 Proposed Order)(Perkins, Jeffrey)
October 27, 2009 Filing 70 Status Report for Hopewell Dairy, LLC dated October 23, 2009 filed by Receiver John M. Roach. (Attachments: #1 Exhibit A)(Eagle, Timothy) Modified on 10/29/2009 (G,D).
October 27, 2009 Filing 69 Status Report for Chesterfield Dairy, LLC dated October 23, 2009 filed by Receiver John M. Roach. (Attachments: #1 Exhibit A)(Eagle, Timothy) Modified on 10/29/2009 (G,D).
October 27, 2009 Filing 68 Status Report for Hopewell Dairy, LLC filed by Receiver John M. Roach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Eagle, Timothy) Modified on 10/29/2009 (G,D).
October 27, 2009 Filing 67 Status Report for Chesterfield Dairy, LLC filed by Receiver John M. Roach. (Attachments: #1 Exhibit A)(Eagle, Timothy) Modified on 10/29/2009 (G,D).
October 23, 2009 Filing 66 Corporate Disclosure Statement by Caterpillar Financial Services Corporation filed by Caterpillar Financial Services Corporation. (Campana, Jeremy)
October 23, 2009 Filing 65 Answer to #1 Complaint filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A- Contracts)(Campana, Jeremy)
October 23, 2009 Opinion or Order Filing 64 Order granting #62 Motion for Extension of Time to Answer; DeLaval, Inc. answer due 11/11/2009. Judge David A. Katz on 10/23/2009.(R,Ci)
October 23, 2009 Filing 63 Answer to #1 Complaint filed by State of Ohio Bureau of Workers' Compensation. (Ward, Lucas)
October 22, 2009 Filing 62 Unopposed Motion for extension of time until November 11, 2009 to answer filed by Defendant DeLaval, Inc.. Related document(s) #1 . (Attachments: #1 Proposed Order Granting Unopposed Motion for Extension of TIme)(Burke, James)
October 22, 2009 Filing 61 Attorney Appearance by James E. Burke filed by on behalf of DeLaval, Inc.. (Burke, James)
October 21, 2009 Filing 60 Corporate Disclosure Statement by Rosebush Sale Barn, Inc. filed by Rosebush Sale Barn, Inc.. (Horn, Craig)
October 21, 2009 Opinion or Order Filing 59 Order granting #56 Motion for Extension of Time to Answer Farm Credit Services of Mid-America, PCA answer due 11/13/2009. Judge David A. Katz on 10/21/2009.(R,Ci)
October 21, 2009 Filing 58 Corporate Disclosure Statement by Farm Credit Services of Mid-America, PCA filed by Farm Credit Services of Mid-America, PCA. (Hunter, Jr., John)
October 21, 2009 Filing 57 Proposed Order Extending Time for Farm Credit Services of Mid-America, PCA to Move, Plead or Otherwise Respond filed by Farm Credit Services of Mid-America, PCA. Related document(s) #56 . (Hunter, Jr., John)
October 21, 2009 Filing 56 Motion for extension of time until November 13, 2009 to answer filed by Defendant Farm Credit Services of Mid-America, PCA. Related document(s) #1 . (Hunter, Jr., John)
October 20, 2009 Filing 55 Corporate Disclosure Statement filed by AgChoice Farm Credit, ACA. (Hunter, Jr., John)
October 20, 2009 Filing 54 Answer to #1 Complaint filed by AgChoice Farm Credit, ACA. (Hunter, Jr., John)
October 20, 2009 Filing 53 Answer to Complaint , Crossclaim against Chesterfield Dairy, L.L.C., Counterclaim against Agstar Financial Services, FLCA and Agstar Financial Services, PCA filed by RAM Separation Equipment Company, LLC. (Braig, Kevin) Modified on 10/21/2009 (G,Di).
October 19, 2009 Filing 52 Answer to #1 Complaint filed by Rosebush Sale Barn, Inc.. (Horn, Craig) Modified on 10/20/2009 (G,Di).
October 14, 2009 Filing 51 Answer to #1 complaint filed by Bev Schlosser, Treasurer of Fulton County. (R,Ci)
October 14, 2009 Filing 50 Answer to #1 Complaint filed by Doris Rutschilling. (Ikerd, Amy) Modified on 10/14/2009 (G,Di).
October 14, 2009 Filing 49 Attorney Appearance by Scott A. Haselman on behalf of of Bev Schlosser, Fulton County Treasuer. (R,Ci)
October 14, 2009 Opinion or Order Filing 48 Order granting Motion for leave to manually file entry of appearance and answer on behalf of Beverly Schlosser, Fulton County Treasurer (Related Doc #47 ). Judge David A. Katz on 10/14/2009.(R,Ci)
October 13, 2009 Filing 47 Motion for leave to manually file Entry of appearance and Answer filed on behalf of Defendant Bev Schlosser. (Attachments: #1 proposed order, #2 Entry of appearance, #3 answer)(C,D)
October 13, 2009 Opinion or Order Filing 46 Order of Possession. Plaintiff to deliver copy of order to US Marshal and certify the same to the Court. Judge David A. Katz on 10/13/2009. (R,Ci)
October 13, 2009 Opinion or Order Filing 45 Order appointing Roach & Associates, LLC as receiver. (see order for details). Judge David A. Katz on 10/13/2009. (R,Ci)
October 13, 2009 Filing 44 Return of Service by personal service by Process Server executed upon Johannes Marinus Theodorus Van de Kolk filed on behalf of Agstar Financial Services, FLCA, Agstar Financial Services, PCA Related document(s) #8 . (Valentine, Nancy)
October 13, 2009 Filing 43 Return of Service by personal service by Process Server executed upon Johannes Marinus Theodorus Van de Kolk on 10/1/2009 filed on behalf of Agstar Financial Services, FLCA; Agstar Financial Services, PCA Related document(s) #8 . (Valentine, Nancy)
October 13, 2009 Filing 42 Return of Service by personal service by Process Server executed upon Chesterfield Dairy, L.L.C. filed on behalf of Agstar Financial Services, FLCA, Agstar Financial Services, PCA Related document(s) #8 . (Valentine, Nancy)
October 13, 2009 Filing 41 Return of Service by personal service by Process Server executed upon Chesterfield Dairy, L.L.C. on 10/1/2009 filed on behalf of Agstar Financial Services, FLCA; Agstar Financial Services, PCA Related document(s) #8 . (Valentine, Nancy)
October 13, 2009 Filing 40 Return of Service by personal service by Process Server executed upon Midwest Dairy Investments, LLC on 10/2/2009 filed on behalf of Agstar Financial Services, FLCA; Agstar Financial Services, PCA Related document(s) #8 . (Valentine, Nancy)
October 13, 2009 Filing 39 Return of Service by personal service by Process Server executed upon Vreba-Hoff Dairy Development, LLC on 10/1/2009 filed on behalf of Agstar Financial Services, FLCA; Agstar Financial Services, PCA Related document(s) #8 . (Valentine, Nancy)
October 13, 2009 Filing 38 Return of Service by personal service by Process Server executed upon Cornelis Petrus Caspar Van de Kolk filed on behalf of Agstar Financial Services, FLCA, Agstar Financial Services, PCA Related document(s) #8 . (Valentine, Nancy)
October 13, 2009 Filing 37 Return of Service by personal service by Process Server executed upon Cornelis Petrus Caspar Van de Kolk on 10/1/2009 filed on behalf of Agstar Financial Services, FLCA; Agstar Financial Services, PCA Related document(s) #8 . (Valentine, Nancy)
October 13, 2009 Referral Terminated (non-document). Judge David A. Katz on 10/13/2009. (R,Ci)
October 8, 2009 Filing 36 Return of Service by Clerk by certified mail executed upon Quicksilver Resources, Inc., on 10/5/2009 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM)
October 8, 2009 Filing 35 Attorney Appearance by Amy B. Ikerd filed by on behalf of Doris Rutschilling. (Ikerd, Amy) Modified on 10/13/2009 (G,Di).
October 8, 2009 Filing 34 Notice of Oath of Receiver Roach & Associates, LLC filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Oath of Receiver Roach & Associates, LLC)(Valentine, Nancy)
October 8, 2009 Filing 33 Status Report of Receiver for Hopewell Dairy, LLC filed by Hopewell Dairy, LLC. (Attachments: #1 Exhibit A - Projected Cash Flow, #2 Exhibit B - Cost Estimate)Related document(s) #21 .(Eagle, Timothy) Modified on 10/13/2009 (G,Di).
October 8, 2009 Filing 32 Status Report by Receiver for Chesterfield Dairy, LLC filed by Chesterfield Dairy, L.L.C.. (Attachments: #1 Exhibit A - Projected Cash Flow)Related document(s) #21 .(Eagle, Timothy) Modified on 10/13/2009 (G,Di).
October 7, 2009 Filing 31 Notice of Service of Interim Order Appointing Receiver filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #11 .(Valentine, Nancy) Modified on 10/13/2009 (G,Di).
October 7, 2009 Filing 30 Notice of Service of Notice of Hearing and Motion for Possession filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #9 .(Valentine, Nancy) Modified on 10/13/2009 (G,Di).
October 7, 2009 Filing 29 Return of Service by certified mail Executed upon Hopewell Dairy, LLC on 10/1/2009, answer due 10/21/2009 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM)
October 7, 2009 Filing 28 Return of Service by certified mail Executed upon Hopewell Dairy Leasing LLC on 10/1/2009, answer due 10/21/2009 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM)
October 7, 2009 Filing 27 Return of Service by certified mail Executed upon Shell Western E&P Inc., on 10/1/2009, answer due 10/21/2009 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM)
October 7, 2009 Opinion or Order Filing 26 Order granting #17 Motion for Extension of Time for defendants, Chesterfield Dairy, LLC, Johannes Marinus Theodorus Van de Kolk and Cornelius Petrus Caspar Van de Kolk to 11/9/09 to answer re #17 . Judge David A. Katz on 10/7/2009.(R,Ci)
October 7, 2009 Filing 25 Return of Service by certified mail Executed upon Stateline Farms, LLC on 10/1/2009, answer due 10/21/2009 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM)
October 7, 2009 Filing 24 Return of Service by certified mail Executed upon RAM Separation Equipment Company, LLC on 10/1/2009, answer due 10/21/2009 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM)
October 7, 2009 Filing 23 Notice of Review of Foreclosure Complaint and Accompanying Documents. (H,LA)
October 7, 2009 Filing 22 Return of Service by certified mail Executed upon State of Ohio, Bureau of Workers Compensation on 10/2/09, answer due 10/22/09 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM) Modified on 10/7/2009 (B,TM).
October 6, 2009 Filing 21 Proposed Order Appointing Receiver filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #4 . (Valentine, Nancy)
October 6, 2009 Filing 20 Proposed Order of Possession filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #6 . (Valentine, Nancy)
October 6, 2009 Opinion or Order Filing 19 Order reassigning case to Judge David A. Katz for all further proceedings. Judge James G. Carr no longer assigned to case.. Judge James G. Carr on 10/6/2009. (S,AL)
October 5, 2009 Filing 18 Return of Service by certified mail Executed upon Rosebush Sale Barn, Inc., on 10/2/09, answer due 10/22/09 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM) Modified on 10/7/2009 (B,TM).
October 5, 2009 Filing 17 First Motion for extension of time until November 9, 2009 to Move, Plead, or Answer Plaintiff's Complaint filed by Defendant Chesterfield Dairy, L.L.C., Cornelius Petrus Caspar Van de Kolk and Johannes Marinus Theodorus Van de Kolk. (Attachments: #1 Proposed Order)(Perkins, Jeffrey) Modified on 10/6/2009 (B,TM).
October 5, 2009 Filing 16 Return of Service by certified mail Executed upon Bev Schlosser on 10/2/09, answer due 10/22/09 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM) Modified on 10/7/2009 (B,TM).
October 5, 2009 Filing 15 Return of Service by certified mail Executed upon AgChoice Farm Credit, ACA on 10/2/09, answer due 10/22/09 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM) Modified on 10/7/2009 (B,TM).
October 5, 2009 Filing 14 Attorney Appearance by Jeffrey J. Perkins, John J. Schlageter, Jr., and Joseph C. Schlageter filed by on behalf of Chesterfield Dairy, L.L.C., Cornelius Petrus Caspar Van de Kolk and Johannes Marinus Theodorus Van de Kolk. (Perkins, Jeffrey) Modified on 10/5/2009 (B,TM).
October 2, 2009 Filing 13 Return of Service by certified mail Executed upon Doris Rutschilling, Mercer County Treasurer on 10/1/09, answer due 10/21/09 filed on behalf of Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #8 , #1 . (B,TM) Modified on 10/7/2009 (B,TM).
September 30, 2009 Filing 12 Attorney Appearance and Request for Service of Notice upon attorney John J. Hunter, Jr., filed by on behalf of AgChoice Farm Credit, ACA. (Hunter, Jr., John) Modified on 10/5/2009 (B,TM).
September 30, 2009 Opinion or Order Filing 11 Order granting plaintiff's emergency motion for immediate appointment of receiver. (Related Doc #4 ) Any party objecting to this order must file an objection by 10/5/09 at 4:00pm. The Court shall hold a further hearing on all such objections and the motion on 10/6/2009 at 01:30 PM in Courtroom 204. Judge James G. Carr on 9/30/2009.(S,AL)
September 30, 2009 Filing 10 Notice of Service of Initial pleadings upon defendants filed by Agstar Financial Services, FLCA, Agstar and Financial Services, PCA. Related document(s) #7 , #3 , #1 , #6 , #2 , #4 .(Wick, Christopher) Modified on 10/1/2009 (B,TM).
September 30, 2009 Service by Clerk. Summons and Complaint addressed to AgChoice Farm Credit, ACA (7001 0360 0002 4125 2722), Bev Schlosser (7001 0360 0002 4125 2753) CNH Capital America LLC (7001 0360 0002 4125 2739), Caterpillar Financial Services Corporation (7001 0360 0002 4125 2708) DeLaval, Inc.(7001 0360 0002 4125 2715) Farm Credit Services of Mid-America, PCA (7001 0360 0002 4125 2692), Hopewell Dairy Leasing LLC (7001 0360 0002 4125 2661), Hopewell Dairy, LLC, (7001 0360 0002 4125 2760) Quicksilver Resources, Inc.(7001 0360 0002 4125 7536) RAM Separation Equipment Company, LLC, (7001 0360 0002 4125 7499) Rosebush Sale Barn, Inc.(7001 0360 0002 4125 2746) Doris Rutschilling (7001 0360 0002 4125 2678), Shell Western E&P Inc.,(7001 0360 0002 4125 7529) State of Ohio Bureau of Workers' Compensation (7001 0360 0002 4125 2685) Stateline Farms, LLC (7001 0360 0002 4125 7505) placed in U.S. Mail. Type of service: certified mail mail. (B,TM)
September 29, 2009 Filing 9 Notice of Hearing on 9/30/09 at 11:00 a.m. re. Plaintiffs' Emergency Motion for Immediate Appointment of Receiver and Plaintiffs' Emergency Motion for Possession of Specific Property Without Notice or Hearing filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #6 , #4 .(Valentine, Nancy) Modified on 10/1/2009 (G,Di).
September 29, 2009 Filing 8 Original Summons (23) and Magistrate Consent Form issued for service upon AgChoice Farm Credit, ACA, Bev Schlosser, CNH Capital America LLC, Caterpillar Financial Services Corporation, Chesterfield Dairy, L.L.C., DeLaval, Inc., Farm Credit Services of Mid-America, PCA, Hopewell Dairy Leasing LLC, Hopewell Dairy, LLC, Midwest Dairy Investments, LLC, Quicksilver Resources, Inc., RAM Separation Equipment Company, LLC, Rosebush Sale Barn, Inc., Doris Rutschilling, Shell Western E&P Inc., State of Ohio Bureau of Workers' Compensation, Stateline Farms, LLC, Cornelis Petrus Caspar Van de Kolk, Johannes Marinus Theodorus Van de Kolk, Vreba-Hoff Dairy Development, LLC. (Attachments: #1 Magistrate Consent Form) (M,L)
September 29, 2009 Filing 7 Affidavit/Declaration of Daniel W. Godfrey in Support of Plaintiffs' Complaint, Plaintiffs' Emergency Motion for Immediate Appointment of Receiver, and Plaintiffs' Emergency Motion for Possession of Specific Property Without Notice of Hearing filed by Agstar Financial Services, FLCA and Agstar Financial Services, PCA. Related document(s) #1 , #6 , #4 . (Attachments: #1 Exhibit A - Hopewell Note Payment History, #2 Exhibit B - Hopewell Note Payment History, #3 Exhibit C - Chesterfield Note Payment History)(Valentine, Nancy) Modified on 10/1/2009 (B,TM).
September 29, 2009 Filing 6 Motion for order of possession of specific Property without Notice or Hearing filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Proposed Order of Possession, #2 U.S. Marshal Form Form 285 for Hopewell Dairy, LLC and Chesterfield Dairy, L.L.C.) (Valentine, Nancy) Modified on 10/1/2009 (B,TM).
September 29, 2009 Opinion or Order Filing 5 ORDER reassigning case to Judge James G. Carr for all further proceedings. Judge Jack Zouhary no longer assigned to case. Judge Jack Zouhary on 9/29/09. (B,CJ)
September 29, 2009 Filing 4 Emergency Motion for Immediate Appointment of Receiver filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - John Roach Qualifications and Experience, #3 Exhibit C - Retention and Compensation Terms)(Valentine, Nancy)
September 29, 2009 Filing 3 Corporate Disclosure Statement identifying Corporate Parent Agstar Financial Services, ACA on behalf of Agstar Financial Services, FLCA, and Agstar Financial Services, PCA. (Valentine, Nancy) Modified on 10/1/2009 (B,TM).
September 29, 2009 Filing 2 Appendix to Complaint for Breach of Contract, Foreclosure, Replevin and Other Relief filed by Agstar Financial Services, FLCA, Agstar Financial Services, PCA. Related document(s) #1 . (Attachments: #1 Exhibit Tab A: Hopewell Commitment for Title Insurance, #2 Exhibit Tab B: Chesterfield Commitment for Title Insurance, #3 Exhibit Tab C: $7,790,000 Promissory Note, #4 Exhibit Tab D: $3,430,000 Promissory Note, #5 Exhibit Tab E: Hopewell Open-End Mortgage, #6 Exhibit Tab F: Hopewell Manure Easement, #7 Exhibit Tab G: Hopewell Security Agreements, #8 Exhibit Tab H: Hopewell UCC Financing Statements, #9 Exhibit Tab I: Hopewell Lease Agreement, #10 Exhibit Tab J: Intercreditor Agreement, #11 Exhibit Tab K: $5,920,000 Promissory Note, #12 Exhibit Tab L: $2,600,000 Promissory Note, #13 Exhibit Tab M: Chesterfield Open-End Mortgage, #14 Exhibit Tab N: Chesterfield PCA Open-End Mortgage, #15 Exhibit Tab O: Chesterfield Manure Easement, #16 Exhibit Tab P: Chesterfield Security Agreement, #17 Exhibit Tab Q: Chesterfield FLCA Security Agreement, #18 Exhibit Tab R: Program Guaranty Agreement, #19 Exhibit Tab S: Program Loan Borrower Acknowledgement, #20 Exhibit Tab T: Program Loan Borrower Acknowledgement, #21 Exhibit Tab U: Program Loan Borrower Acknowledgements, #22 Exhibit Tab V: Pre-Negotiation Agreement, #23 Exhibit Tab W: Pre-Negotiation Agreement, #24 Exhibit Tab X: Distressed Loan Policy Notice, #25 Exhibit Tab Y: Distressed Loan Policy Notice, #26 Exhibit Tab Z: Amended Interest Rate Change Disclosure, #27 Exhibit Tab AA: Revocation Notice, #28 Exhibit Tab BB: Denials of Restructuring Application, #29 Exhibit Tab CC: Notice of Occurrence of Default, Acceleration and Demand for Payment, #30 Exhibit Tab DD: Notice of Occurrence of Default, Acceleration and Demand for Payment, #31 Exhibit Tab EE: Distressed Loan Policy Notice, #32 Exhibit Tab FF: Amended Interest Rate Change Disclosure, #33 Exhibit Tab GG: Revocation Notice, #34 Exhibit Tab HH: Denial of Restructuring Application, #35 Exhibit Tab II: Notice of Occurrence of Default, Acceleration and Demand for Payment, #36 Exhibit Tab JJ: UCC-1 Financing Statement, #37 Exhibit Tab KK: UCC-1 Financing Statement)(Valentine, Nancy)
September 29, 2009 Filing 1 Complaint for Breach of Contract, Foreclosure, Replevin and Other Relief against AgChoice Farm Credit, ACA, CNH Capital America LLC, Caterpillar Financial Services Corporation, Chesterfield Dairy, L.L.C., DeLaval, Inc., Farm Credit Services of Mid-America, PCA, Bev Schlosser, Hopewell Dairy Leasing LLC, Hopewell Dairy, LLC, Doris Rutschilling, Midwest Dairy Investments, LLC, Quicksilver Resources, Inc., RAM Separation Equipment Company, LLC, Rosebush Sale Barn, Inc., Shell Western E&P Inc., State of Ohio Bureau of Workers' Compensation, Stateline Farms, LLC, Cornelis Petrus Casp Van de Kolk, Johannes Marinus The Van de Kolk, Vreba-Hoff Dairy Development, LLC. Filing fee paid $ 350, receipt number 0647-3756284. Filed by Agstar Financial Services, FLCA and Agstar Financial Services, PCA. (Attachments: #1 Civil Cover Sheet, #2 Summons Hopewell Dairy, LLC, #3 Summons Hopewell Dairy Leasing LLC, #4 Summons Midwest Dairy Investments, LLC, #5 Summons Vreba-Hoff Dairy Development, LLC, #6 Summons Mercer County Treasurer, #7 Summons State of Ohio Bureau of Workers' Compensation, #8 Summons Farm Credit Services of Mid-America, PCA, #9 Summons Caterpillar Financial Services Corporation, #10 Summons DeLaval, Inc., #11 Summons AgChoice Farm Credit, ACA, #12 Summons Chesterfield Dairy, LLC - 1, #13 Summons Chesterfield Dairy, LLC - 2, #14 Summons Johannes Marinus Theodorus Van de Kolk - 1, #15 Summons Johannes Marinus Theodorus Van de Kolk - 2, #16 Summons Cornelis Petrus Caspar Van de Kolk - 1, #17 Summons Cornelis Petrus Caspar Van de Kolk - 2, #18 Summons CNH Capital America LLC, #19 Summons Rosebush Sale Barn, Inc., #20 Summons Fulton County Treasurer, #21 Summons RAM Separation Equipment Company, LLC, #22 Summons Stateline Farms, LLC, #23 Summons Shell Western E&P Inc., #24 Summons Quicksilver Resources, Inc.) (Valentine, Nancy) Modified on 9/29/2009 (M,L).
September 29, 2009 Judge Jack Zouhary assigned to case. (M,L)
September 29, 2009 Automatic Reference [non-document] of Administrative Action to Magistrate Judge Vernelis K. Armstrong pursuant to Local Rule 72.2. (M,L)

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Search for this case: Agstar Financial Services, FLCA et al v. Hopewell Dairy, LLC et al
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Defendant: Chesterfield Dairy, L.L.C.
Represented By: Joseph C. Schlageter
Represented By: John J. Schlageter, Jr.
Represented By: Jeffrey J. Perkins
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Defendant: DeLaval, Inc.
Represented By: Christy M. Nageleisen-Blades
Represented By: James E. Burke
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Defendant: State of Ohio Bureau of Workers' Compensation
Represented By: Lucas C. Ward
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Defendant: Hopewell Dairy, LLC
Represented By: Mark A. Ozimek
Represented By: James R. Knepp, II
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Defendant: Johannes Marinus Theodorus Van de Kolk
Represented By: Joseph C. Schlageter
Represented By: John J. Schlageter, Jr.
Represented By: Jeffrey J. Perkins
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Defendant: RAM Separation Equipment Company, LLC
Represented By: Kevin P. Braig
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Defendant: Midwest Dairy Investments, LLC
Represented By: Mark A. Ozimek
Represented By: James R. Knepp, II
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Defendant: Doris Rutschilling
Represented By: Amy B. Ikerd
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Defendant: Caterpillar Financial Services Corporation
Represented By: Jeremy M. Campana
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Defendant: Hopewell Dairy Leasing LLC
Represented By: Mark A. Ozimek
Represented By: James R. Knepp, II
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Defendant: Donald L. Scott
Represented By: Michael C. Jones
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Defendant: Farm Credit Services of Mid-America, PCA
Represented By: John J. Hunter, Jr.
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Defendant: Shell Western E&P Inc.
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Defendant: Quicksilver Resources, Inc.
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Defendant: CNH Capital America, LLC
Represented By: James H. Gordon
Represented By: Samuel N. Lillard
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Defendant: Vreba-Hoff Dairy Development, LLC
Represented By: Mark A. Ozimek
Represented By: James R. Knepp, II
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Defendant: Rosebush Sale Barn, Inc.
Represented By: Craig W. Horn
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Defendant: Bev Schlosser
Represented By: Scott A. Haselman
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Defendant: AgChoice Farm Credit, ACA
Represented By: John J. Hunter, Jr.
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Defendant: Stateline Farms, LLC
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Defendant: Chesterfield Dairy
Represented By: Joseph C. Schlageter
Represented By: John J. Schlageter, Jr.
Represented By: Jeffrey J. Perkins
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Defendant: Cornelis Petrus Caspar Van de Kolk
Represented By: Joseph C. Schlageter
Represented By: John J. Schlageter, Jr.
Represented By: Jeffrey J. Perkins
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Receiver: Receiver John M. Roach
Represented By: Timothy E. Eagle
Represented By: Michael S. McElwee
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Plaintiff: Agstar Financial Services, PCA
Represented By: Christopher B. Wick
Represented By: Nancy A. Valentine
Represented By: Jeffrey A. Yeager
Represented By: Lee D. Powar
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Plaintiff: Agstar Financial Services, FLCA
Represented By: Christopher B. Wick
Represented By: Nancy A. Valentine
Represented By: Lee D. Powar
Represented By: Jeffrey A. Yeager
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