Farmers Cooperative Society Sioux Center Iowa v. Leading Edge Pork LLC
ORDER re 16 Status Report filed by Farmers Cooperative Society Sioux Center Iowa. See text of Order. Signed by Chief Judge Linda R Reade on 9/16/2016 (eCRF). (skm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
FARMERS COOPERATIVE SOCIETY,
SIOUX CENTER, IOWA,
LEADING EDGE PORK, LLC,
The matter before the court is Plaintiff Farmers Cooperative Society, Sioux Center,
Iowa’s status report (docket no. 16). Plaintiff filed such report on September 15, 2016.
The status report generally indicates the following:
Ten checks were issued in March of 2016 and contain a
statement that they are void if not cashed in 90 days. To
address that situation, Plaintiff’s counsel submitted the checks
to Tyson, the check issuer, so that it could either issue
replacement checks or advise how the checks could be
negotiated as directed in the court’s July 25, 2016 order. The
check issuer advised that, rather than issue new checks, it
would be easier to arrange for relief from the 90-day negation
statement after the Clerk of Court deposits them into the
account of the Treasury of the United States pursuant to the
July 25, 2016 order. Acting on this advice, Plaintiff’s counsel
delivered the ten checks to the Clerk of Court in the Northern
District of Iowa.
See Status Report at 1-2. The ten checks all contain issue dates in March of 2016, and
they all make clear that they are void 90 days from the issue dates. Because more than 90
days have passed since the ten checks were issued, they are void. The Clerk of Court
cannot receipt voided checks.
In light of the foregoing, the Clerk of Court is DIRECTED to return the void
checks to Plaintiff’s counsel so that he can return them to Tyson. The parties are
DIRECTED to cooperate with each other so that Tyson is able to replace the ten checks
and issue one check in the amount of $97,657.73. The check issued by Tyson should be
made payable to: Clerk, U.S. District Court. Upon receipt of the check, the Clerk of
Court is DIRECTED to deposit the funds into an interest bearing account with the Court
Registry Investment System (CRIS). The Clerk of Court is DIRECTED to hold the funds,
together with any interest income earned thereon, in the interest bearing account until
further order of the court.
IT IS SO ORDERED
DATED this 16th day of September, 2016.
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