Farmers Cooperative Society Sioux Center Iowa v. Leading Edge Pork LLC

Filing 17

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION FARMERS COOPERATIVE SOCIETY, SIOUX CENTER, IOWA, Plaintiff, No. 16-CV-4034-LRR vs. LEADING EDGE PORK, LLC, ORDER Defendant. 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. 2

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